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The Federal Employers Liability Act Protects Railroad Workers The railroad industry is expanding and with it comes the risk of getting injured at work As opposed to other types of employees railroad workers do not have access to staterun workers compensation systems Instead they are protected by an unwritten law that protects them from negligence by employers This law which is federal is referred to as the Federal Employers Liability Act FELA What you need to know about the Liability Act FELA Definition Railroad workers face unique challenges in safety In order to prevent accidents that result from work railroad employees are held to an elevated standard If a worker is injured while working it can be extremely devastating and impact their entire life Fortunately there are laws that protect workers and ensure they receive the compensation they are due The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers FELA differs from the regular workers compensation which covers workers in other industries In contrast to workers compensation FELA claims are faultbased and must be proven through the evidence of negligence or recklessness A FELA attorney can be of great assistance Congress passed FELA in 1908 The law says that railroad companies can be held accountable for the injury or death of an employee This is only the case in the event that the incident occurred within the context of the employees job and was caused by negligence on the part of the carrier This could be due to the carriers failure to provide adequate safety equipment training and procedures or infractions of the Safety Appliance Act Boiler Inspection Act and the Power Brake Act The law was passed to protect railroad workers but it also creates high standards of accountability for employers in all sectors Judges generally do not consider workers compensation and FELA to be the same thing but this is changing as more FELA cases are filed It is essential to be aware of the differences between these laws in order to decide which is appropriate for your situation The Lanier Law Firm has extensive experience representing railroad workers They can assist you in submitting a claim under the FELA Purpose As a general rule employers are responsible for keeping their employees safe at work This is particularly relevant for workers in highrisk industries such as utilities and construction In certain instances an employers negligence could result in a worker being injured or even dying This is why employers in these fields are held to stricter safety guidelines If someone is injured on the job they are entitled to be compensated for their medical bills and lost earnings Workers compensation laws cover many workers in the United States there are particular federal laws that protect railroad workers These laws also referred to as the Federal Employers Liability Act or FELA requires that a worker to prove that their injury was caused by the negligence of their employer In 1908 Congress passed FELA in order to ensure that railroad employees would be compensated for 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 injury The law also prohibits employers from denying an employees claim on the basis of negligence that is contributory In general the case of an injured worker he or she must to prove three things in order to be entitled to compensation under the FELA Scope Railroad employees are in an environment of work that has its own set of risks If they are injured while at work they can sue their employer under a Federal Statute referred to as the Federal Employers Liability Act USC 51 et seq fela accident attorney is not only crucial to protect workers but also sets high standards that employers must meet A Tennessee worker seeking compensation under FELA must establish four elements 1 the injury occurred within the course of employment 2 the employee was acting in the course and of the scope of his duties 3 the conduct in question was in furtherance of the employers interstate transport business and 4 the railroad was negligent and caused the injury Certain cases could be covered under both workers compensation and FELA Both laws are different in various ways A knowledgeable lawyer can help you determine the best law for your particular situation Having an understanding of these differences can save you time and money as well as avoid unnecessary confusion Limitations Employers across the United States are accountable for keeping their employees safe and unharmed However certain occupations and industries have a higher risk of injury than other Employers are required to meet a higher standard of safety standards For example workers in highrisk fields such as utilities and construction are usually covered by workers compensation laws These statespecific laws offer workers compensation if theyre injured during their employment Railroad workers are also covered under the Federal Employers Liability Act that is codified in the form of 45 USC 5160 In 1908 Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused by their employers negligence or violation of federal safety regulations Contrary to the state laws governing workers compensation FELA does not automatically give injured railroad workers full compensation It requires injured railroad workers to show that negligence by their employers caused their injuries FELA claims will be considered in federal courts and railroad employees who have been injured are entitled to trial by jury In a case that is a jury the jury has to decide that the railroad was liable for the injuries sustained by an injured employee or death The verdict is based on the evidence provided in the case for example that the railroad was negligent in failing to fulfill the proper care for its workers and that the railroads negligence caused or contributed to cause the death or injury Furthermore the jury must find that the railroad did not comply with one or more of the laws that are outlined in the FELA instructions This includes violations of Safety Appliance Act Boiler Inspection Act or Power Brake Act The jury will then determine the amount at which the plaintiff is accountable The jury may reduce the amount by a percentage that the plaintiffs negligence was responsible to the death or injury Applicability In 1908 Congress passed the Federal Employers Liability Act FELA to offer protection for railroad workers who had suffered injuries while on the job This law was different from the laws governing workers compensation in individual states and provided an avenue through which injured railroad workers could sue their employers directly FELA sets high standards for the duties of employers and permits railroad workers injured to claim damages in the event of injury FELA is applicable to railroad employees who operate across state lines or internationally It also applies to railroads that operate and maintain railway tracks that are utilized by other interstate railroads Railroad workers are exempt from the states workers compensation laws and allows to claim damages if they are injured at work because of a violation to federal safety statutes or due to the negligence of their employer To be successful in a lawsuit filed under FELA an injured railroad worker must show that their employer has violated the law and that the breach caused or caused their death or injury The burden of the burden of proof in a FELA case is on the plaintiff and the court has the authority to order a jury trial in an FELA claim In order to succeed in a FELA claim an employee must prove that the railroad was responsible for or contributed to their death or injury They must prove that they were injured or killed because of the railroads negligence or inability to provide safety equipment or training or because of a violation of a safety act such as the Boiler Inspection Act If a jury decides to award damages to a plaintiff in an award the railroad is accountable for paying the damages Before they begin deliberations the jury has to be fully informed about the law