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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and with it, the chances of being injured on the job. As opposed to other types of employees railroad workers do not have access to state-run 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). What you need to Know about the Liability Act (FELA). Definition Railroad workers face unique challenges in safety. This is why they are held to higher standards when it comes to workplace-related injuries. When a worker is injured on the job it can be devastating and affect their entire life. Fortunately, there are laws to 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 the regular workers compensation, which covers state workers in other sectors. As opposed to workers' compensation, FELA claims must be proven by proving the employer's negligence. A FELA attorney can be of great assistance. Congress approved FELA (1908). The law states that a railroad carrier is liable for the injury or death of an employee. This liability only applies in the event that the incident occurred within the course and scope of the employee's work and was caused by negligence on the part of the carrier. This includes failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act. Despite the fact that the law was enacted to protect railroad workers, it also sets strict liability requirements for all employers. In railroad injury fela lawyer , workers compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are being filed under the FELA. As a result, it is essential to understand the differences between these two laws so you can choose which one is best for your case. 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 to ensure their employees are safe at work. This is especially true for employees in high-risk fields such as construction and utilities. In some cases however, an negligent employer can lead to an employee being injured or even dying. Employers in these fields must adhere to stricter safety rules. When a person gets injured while working, they deserve to be paid for their medical expenses and lost income. While the laws on workers' compensation cover many workers in the United States, there are particular federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act or FELA will require that a person to prove that their injuries were caused by an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not intended to provide railroad workers with complete compensation. Instead, the law requires that the injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the ground of contributory negligence. In general an injured worker must to show three things to be entitled to compensation under the FELA. Scope Railroad workers are at risk in a unique way. When they are injured at work they are entitled to the right to sue their employer under a Federal law 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 who seeks compensation under FELA must demonstrate four things: 1) the injury occurred within the scope of employment,) the employee acted in the course and scope of his or her duties 3) the conduct at issue was detrimental to the employer's interstate transport business and 4) the railroad was negligent. While many injuries are covered under either workers' compensation or FELA, some cases may involve both. The two laws differ in many ways, and a knowledgeable lawyer can help you decide which one is most suitable for your requirements. Understanding the differences can save you time and money and also avoid unnecessary confusion. Limitations Employers across the nation are accountable to ensure that their employees are safe and unharmed. Certain occupations and industries pose the highest chance of injury. This is why these employers are held to a stricter standard of safety standards. The workers in high-risk industries like utilities and construction for instance, are typically covered under worker's compensation law. These state-specific laws offer workers compensation if they are injured during their job. Railroad workers are also covered by 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 railroad workers injured in the line of duty to sue their employers for damages caused by negligence of their employers or in violation of federal safety statutes. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead, it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims are generally handled in federal courts and railroad workers who are injured are entitled to have their cases heard by juries. In a case that is a jury, the jury must find that the railroad is liable for an injured employee's injury or death. This conclusion must be based upon the evidence presented in the case. It must include that the railroad did not uphold a duty of respect towards its employees and that negligence led to or caused the injury or death. The jury must also find that the railroad is in violation of one or more of the statutes mentioned in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. In the end, the jury has to determine the amount of damages that the plaintiff is accountable, and it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite. This law was distinct from the laws for workers' compensation in each state and provided an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the employer's responsibilities, 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 operate and maintain railroad tracks that are used by other interstate railroads. Railroad workers are exempt from state laws on workers' compensation and provides a mechanism to claim damages if they are injured on the job because of a violation to federal safety regulations or the negligence of their employer. To prevail in a lawsuit brought under FELA railroad workers who have been injured must demonstrate that their employer has violated that act and that this violation led to or contributed to the injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court may require a jury to consider the case of a FELA claim. In order to succeed in a FELA claim an employee must show that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed due to the railroad's negligence or failure to provide safety equipment or training, or because of a violation of a safety rule like the Boiler Inspection Act. If the jury gives damages to a plaintiff following a verdict the railroad is accountable for paying the damages. The jury has to be properly instructed about the law prior to their deliberations.