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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow as is the chance of being injured at work. Railroad workers aren't covered by state-run workers' compensation systems. Instead, they are protected by a federal law that shields workers from negligence by employers. This federal law is known as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face a distinct set of safety issues while on the job. As a result, they are expected to adhere to higher standards in regards to workplace-related injuries. When a worker is injured while working, it can be extremely devastating and impact their entire life. Fortunately, there are laws that protect these workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from regular workers' comp which protects workers in other sectors. In contrast to workers compensation, FELA claims must be proven by proving the negligence of the employer. This is where a FELA lawyer can really assist. Congress passed FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. However, this only applies when the incident occurred in the course of the employee's employment and stemmed due to the negligence of the railroad company. This could include the insufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was enacted to offer protection to railroad workers, it also sets strict liability requirements for employers across all industries. Judges do not generally consider workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. Therefore, it is essential to understand the differences between these two laws, so that you can determine which one is suitable for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you with filing a claim for compensation under the FELA. Purpose As a rule employers are responsible for ensuring their employees' safety at work. This is especially relevant for those who work in highly risky fields, such as construction and utilities. In some cases however the negligence of an employer can lead to a worker being injured or even dying. For this reason, employers in these industries are required to adhere to stricter safety standards. If someone is injured while working and suffers a serious injury, they should be paid for their medical expenses and lost income. While workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA, require 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 workers would receive compensation for their injuries. It was not designed to provide railroad workers with full compensation automatically. The law requires railroad workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from denial of a claim that is based on contributory negligence. In general, an injured worker must prove the following three things to be awarded damages under the FELA: Scope Railroad employees enjoy an environment of work that is characterized by its own set of hazards. If they suffer injuries at work, they could sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This crucial law doesn't only safeguard workers, it also sets high standards for employers to follow. A Tennessee worker who seeks compensation under FELA is required to show four things: 1) the injury occurred within the context of employment,) the employee acted within the course and scope of the duties he or she performed, 3) the conduct at issue furthered the employer's interstate transportation business, and 4) the railroad was negligent. Many injuries fall under either workers compensation or FELA, some cases may involve both. Both laws are different in many ways. An experienced lawyer can assist you in determining the best law for your particular situation. Knowing these differences can save you time and money and also avoid unnecessary confusion. Limitations Employers across the United States are accountable for keeping their employees safe and unharmed. Certain industries and professions carry a greater chance of injury. These employers are therefore subject to a higher level of safety standards. For instance, workers in high-risk fields such as construction and utilities are often covered under worker's compensation laws. These state-specific laws provide the right to compensation for workers injured while working. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred by negligence of their employers or in violation of federal safety statutes. Unlike the laws of state workers' compensation, FELA does not automatically award injured railroad workers full compensation. Instead it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be heard in federal courts, and railroad workers who are injured are entitled to a jury trial. In a jury case, the jury must find that the railroad was responsible for an injured employee's injury or death. This conclusion should be based upon the evidence presented in the case. It must include that the railroad failed to exercise a duty of care towards its employees and that the negligence led to or caused the death or injury. Additionally the jury has to find that the railroad violated one or more of the statutes stipulated in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount for which the plaintiff must be accountable. It could reduce the amount by the proportion that the plaintiff's negligence was responsible to or caused the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who sustained injuries while working. This law was different from the laws governing workers' compensation of each state, and established a system by which railroad workers who were injured could directly sue their employers. fela settlements Accident Injury Lawyers sets high standards for the employer's obligations and allows injured railroad workers to seek damages. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. Railroad workers are exempt from the state's workers' compensation laws and allows to claim damages if they are injured while working because of a violation to federal safety regulations or the negligence of their employer. To succeed in a lawsuit under FELA the injured railroad worker must show that their employer has violated the law and that the violation caused or caused their injury or death. The burden of evidence in a FELA case lies with the plaintiff and the court is able to order a jury trial for the purpose of a FELA claim. To prevail in a FELA lawsuit, an employee has to demonstrate that the railroad was accountable for their injury or death. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment or training, or a violation of a safety law like the Boiler Inspection Act. If the jury gives damages to a plaintiff following an award the railroad is responsible for paying the damages. The jury has to be properly educated on the law prior to their deliberations.