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The Federal Employers Liability Act Protects Railroad Workers As the railroad industry grows and expand so does the risk of getting injured at work In contrast to other types of workers railroad workers do not have access to staterun workers compensation systems They are protected by federal law against employer negligence Federal Employers Liability Act FELA is the name of this federal law Liability Act FELA Here is what you need to know about it Definition Railroad workers face unique safety issues To avoid workrelated accidents railroad workers are held to a higher standard A workers injury at work can have a a devastating impact on their life Thankfully there are laws that protect workers and make sure they receive the compensation they require The Federal Employers Liability Act FELA allows injured railroad workers to sue their employers FELA is different from the standard workers compensation which covers state workers in other sectors Unlike workers comp FELA claims are faultbased and have to be proved through the evidence of the employers negligence or recklessness This is where a FELA lawyer can really assist Congress approved FELA in 1908 The law states that a railroad carrier is liable for the death or injury of an employee This liability is only applicable if the accident happened in the context of the employees duties and was caused by negligence on the part of the carrier This could be due to the carriers insufficient safety equipment training and procedures or infractions of the Safety Appliance Act Boiler Inspection Act and the Power Brake Act The law was enacted to protect railroad workers however it also sets high standards of accountability for employers in all industries Judges do not generally consider workers compensation or FELA to be the same but this is changing as more FELA cases are filed Therefore it is important to know the differences between the two laws to decide which one is the best for your particular situation The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing a claim under FELA Purpose As a general rule employers are accountable for keeping their employees safe at work This is particularly relevant for those who work in highly risky fields such as construction and utilities In some instances however an employers negligence can result in an employee being injured or even dying Because of this employers in these industries are held to stricter safety guidelines If a worker is injured while working they deserve to be paid for their medical expenses and lost earnings Railroad workers are protected by federal laws which differ from workers compensation laws These laws referred to as the Federal Employers Liability Act or FELA require a worker to prove that their injuries were caused due to an employers negligence In 1908 Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries The law was not meant to provide railroad workers with full compensation The law requires railroad workers to prove that the railroad was negligent in causing their injuries The law also prohibits employers from denying an employees claim on the basis of negligence that is contributory As a rule an injured worker must demonstrate the following three things in order to be awarded damages under FELA Scope Railroad employees enjoy an unique work environment that comes with its own set of hazards If they are injured at work they may sue their employer under a Federal Statute referred to as the Federal Employers Liability Act USC 51 et seq This law isnt just designed to safeguard workers it also sets high standards for employers to follow A Tennessee worker seeking compensation under FELA must establish four elements 1 the injury occurred in the scope of employment 2 the employee was acting in the course and of their duties 3 the conduct was in the interest of the employers interstate transportation business and 4 the railroad was negligent and was a factor in the causing of the injury Certain cases could be covered under both workers compensation and FELA fela railroad accident lawyer differ in various ways A knowledgeable lawyer can help you determine which law is best for your particular situation Understanding these differences will save you money and time and also avoid unnecessary confusion Limitations Employers across the United States are accountable for keeping their employees secure and free of harm However certain industries and jobs pose a higher risk of injury than other Employers are subject to a higher level of safety standards Workers in highrisk fields like construction and utilities for instance are typically covered under workers compensation law These statespecific laws provide the right to compensation for workers injured on the job Similarly railroad workers are protected by federal law known as the Federal Employers Liability Act FELA codified at 45 USC 5160 In 1908 Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred by their employers negligence or in violation of federal safety laws In contrast to the state laws governing workers compensation FELA does not automatically provide injured railroad workers with full compensation It requires injured railroad workers demonstrate that negligence by their employers caused their injuries FELA claims are typically handled in federal courts and injured railroad workers are entitled to have their cases ruled by jury In a case that is a jury the jury must find that the railroad is liable for the injuries sustained by an injured employee or death This conclusion is based on the evidence provided in the case which include that the railroad was negligent in failing to fulfill the proper care for its employees and that the railroads negligence led to or contributed to cause the injury or death The jury must also find that the railroad is in breach of one or more statutes in the FELA instructions This includes violations of the Safety Appliance Act Boiler Inspection Act or Power Brake Act The jury will determine the amount to which the plaintiff is accountable The jury may reduce the amount by a percentage that the plaintiffs negligence contributed to the injury or death Applicability In 1908 Congress passed The Federal Employers Liability Act to protect railroad workers who were injured on the job This law was distinct from the laws governing workers compensation of the individual states and established a system by which injured railroad workers could directly sue their employers FELA sets high standards for the employers responsibilities and allows injured railroad employees to recover damages FELA is applicable to railroad employees who work across state lines or even internationally It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads Railroad workers are exempt from the states workers compensation laws and allows for claiming damages when they are injured at work because of a violation to federal safety regulations or the negligence of their employer To succeed in a lawsuit brought under FELA an injured railroad worker must show that their employer violated the act and that the violation led to or caused their death or injury The burden of the burden of proof in a FELA case is on the plaintiff and the court is able to order a jury trial for an FELA claim To be successful in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death They must prove that they were hurt or killed due to a railroads negligence inability to provide safety training and equipment or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act If a jury gives damages to a plaintiff following a verdict the railroad is accountable for the payment of the damages Before they begin their deliberations the jury should be fully informed about the law