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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as does the risk of being injured while working. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. Instead, they have a federal law that protects them from employer negligence. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here's the information you must know about the Financial Liability Act (FELA). Definition Railroad workers face a distinct set of safety challenges on the job. In turn, they are expected to adhere to higher standards in regards to injuries that are related to work. If a worker is injured while working, it can be extremely devastating and affect their entire life. Luckily there are laws that protect these 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 is different from the regular workers compensation, which covers state workers in other sectors. In contrast to workers' compensation, FELA claims must be proved by proving an negligence of the employer. This is where a FELA lawyer can really help. Congress passed FELA (1908). The law stipulates that a railroad carrier can be held liable for the death or injury of an employee. This liability is only applicable when the incident occurred in the context of the employee's job, and was caused by negligence on the part of the carrier. This could include the failure to provide sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act. The law was passed to protect railroad workers, however it also sets high standards of responsibility for employers across all sectors. Judges generally do not think of workers' compensation or FELA to be the same, but that is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws in order to determine which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can help you file a claim under FELA. Purpose In general, employers are responsible to ensure the security of their employees at work. This is especially relevant for those who work in highly risky fields such as construction or utilities. In some instances the employer's negligence could result in workers being injured or even dying. Because of this, employers in these industries are held to stricter safety guidelines. When an employee is injured at work, they should be compensated for medical expenses and lost income. Workers' compensation laws protect many workers in the United States, there are special federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA), require the worker to prove that their injury was caused by an employer's negligence. 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. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence. As a rule an injured worker must prove the following three elements to be awarded damages under FELA: Scope Railroad workers are at risk in a unique way. If they suffer injuries at work, they may sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not just crucial to protect workers, but also sets standards that employers must follow. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the course of work; (2) the employee was acting within the scope and of their duties; (3) the conduct in question was in furtherance of the employer's interstate transportation business and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. While railroad injury fela lawyer fall under either workers compensation or FELA certain cases could fall under both. Both laws are different in numerous ways. A knowledgeable lawyer can assist you in determining which law is appropriate for your situation. Understanding these distinctions will save you time and money as well as to avoid confusion. Limitations Employers are responsible for ensuring the security and well-being of their employees. However certain jobs and industries pose a higher risk of injuries than others. This is why these employers are required to adhere to a stricter standard of safety standards. People working in high-risk areas like utilities and construction for instance, are typically covered under the law of worker's compensation. These state-specific laws provide workers compensation in the event that they are injured in the course of their work. Similarly, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits railroad workers injured by injuries to sue employers for damages caused by their negligence or violation of federal safety laws. In contrast to state workers' compensation laws, FELA doesn't automatically award the full amount of compensation to injured railroad workers. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims will be considered in federal courts, and railroad workers who have been injured are entitled to an appeal to a jury. In a trial that is a jury, the jury must decide if the railroad is liable for the injury or death of an employee who was injured. This conclusion should be based on the evidence provided in the case. It must be based on the fact that the railroad failed to uphold a duty of respect to its employees and that negligence caused or caused the death or injury. The jury must also find the railroad 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 then determine the amount for which the plaintiff must be held liable. It could reduce the amount by the proportion that the plaintiff's negligence was responsible to or caused the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was different from the workers' compensation laws in the individual states and created a system through which injured railroad workers could sue their employers directly. FELA sets high standards for the duties of employers and allows railroad workers who have been injured to claim damages in the event of injury. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads who manage and own railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state workers' compensation laws and allows to claim damages if they are injured while working because of a violation to federal safety statutes or due to the negligence of their employer. In order to win a lawsuit under FELA the injured railroad worker must show that their employer has violated the act and that the violation led to or caused their death or injury. In a FELA lawsuit, the burden of proof is on the plaintiff. The court can order a jury to hear the FELA claim. To prevail in a FELA lawsuit, an employee has to show that the railroad was accountable for their death or injury. They must show that they were injured or killed due to a railroad's negligence, failure to provide safety training and equipment, or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If a jury decides to award damages to a plaintiff following a verdict the railroad is responsible for paying the damages. The jury has to be properly instructed about the law before they begin deliberations.