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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing and with it comes the risk of injury at work. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. Instead, they are protected by a federal law that shields them from employer negligence. 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 variety of safety concerns while on the job. In turn, they are required to meet higher standards when it comes to workplace-related injuries. If a worker gets injured while working it can be devastating and have a negative impact on their life. Fortunately there are laws in place to protect these workers and ensure they receive the compensation they require. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' comp, which protects workers in other industries. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or recklessness. A FELA attorney can be a great resource. Congress adopted FELA (1908). The law states that railroad companies are accountable for injuries or death of their employees. However, this only applies if the accident occurred while in the course of the employee's employment and stemmed from the carrier's negligence. This includes failure to provide adequate safety equipment, training, and procedures, or violations of the Safety Appliance Act. The law was passed to protect railroad workers but it also establishes high standards of accountability for employers in all sectors. Judges are not typically able to consider workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. It is essential to be aware of the distinctions between these laws in order to choose which is best for your specific situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the FELA. Purpose In general employers are responsible to ensure their employees are safe at work. This is especially relevant for workers in high-risk sectors such as utilities and construction. In some cases the negligent employer can lead to a worker getting hurt or even dying. Employers in these fields must adhere to stricter safety standards. If someone is injured on the job, they deserve to be paid for their medical expenses and lost earnings. Railroad workers are protected by federal laws that differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injury was caused due to an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not designed to give railroad workers full compensation. The law requires railroad workers to prove that the railroad was negligent in causing their injury. The law prohibits employers from denying a claim that is based on the contributory negligence. In general, an injured worker must prove the following three elements to be awarded damages under the FELA: Scope Railroad workers face a variety of risks. If they suffer injuries while working they may have an action right against their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This crucial law doesn't only protect workers but sets high standards for employers to meet. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of employment; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct that was at issue was in the service of the employer's interstate transportation business; and (4) the railroad was negligent and its negligence played some part in causing the injury. Many injuries are covered under either workers' compensation or FELA certain cases could fall under both. The two laws differ in several ways, and a seasoned lawyer can assist you in determining which one is most suitable for your needs. Understanding the differences can save you money and time, as well avoid confusion. Limitations Employers across the United States are accountable for keeping their employees protected and safe. Certain occupations and industries pose the highest risk of injuries. Employers are held to a higher standard of safety guidelines. For instance, workers in high-risk industries like construction and utilities are often covered by worker's compensation laws. State-specific laws give workers compensation if they are injured in the course of their employment. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused due to their employer's negligence or violation of federal safety laws. Unlike state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers prove that negligence by their employers caused their injuries. FELA claims are typically considered in federal court and railroad workers who have been injured are entitled to have their cases decided by juries. In a trial that is a jury, the jury must determine that the railroad is accountable for the injury or death of an injured employee. This finding must be based on proofs that are presented in the case for example, that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers and that the railroad's negligence caused, or contributed to cause, the injury or death. Furthermore the jury must determine that the railroad has did not comply with one or more of the laws stipulated in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages for which the plaintiff is liable and may also reduce the amount of the award by the percentage of negligence by the plaintiff that caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the worksite. This law was different from the workers' compensation laws of individual states, and created a system in which railroad workers injured in an accident could directly sue their employers. FELA establishes high standards for employers' obligations and allows injured railroad workers to seek damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad employees are exempt from state workers' compensation, and gives them the ability to claim damages in the event that they are injured while at work due to a violation or negligence of their employer. To be successful in a lawsuit under FELA, an injured railroad worker must show that their employer violated the law and that the breach caused or contributed to their injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court may decide to decide to have a jury hear the FELA claim. In order to succeed in a FELA claim an employee must demonstrate that the railroad caused or contributed to their injury or death. They must prove that they were injured or killed because of the railroad's negligence, or inability to provide safety equipment and training, or a violation of a safety law like the Boiler Inspection Act. If fela attorneys is found to be that a plaintiff is the winner, the railroad must pay the damages awarded. Before they begin their deliberations, the jury has to be fully informed about the law.