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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows, so too is the possibility of getting injured on the job. As opposed to other types of employees, railroad workers do not have access to the state-run worker's compensation systems. Instead, they are covered by a federal law that shields them from 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 a unique variety of safety concerns on the job. In order to prevent accidents that result from work, railroad employees are held to an elevated standard. A worker's injury at work can have a a devastating impact on their life. Fortunately, there are fela settlements that protect these workers and ensure they get the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp which protects workers in other sectors. Contrary to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or recklessness. A FELA attorney can be of great assistance. Congress adopted FELA in 1908. The law says that railroad companies can be held accountable for the death or injury of an employee. This is only the case when the incident occurred in the course and scope of the employee's work and was caused by negligence on the part of the carrier. This includes insufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was enacted to protect railroad workers, however it also sets high standards of liability 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. As a result, it is crucial to understand the distinctions between these two laws so you can choose which one is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing claims under FELA. Purpose As a rule employers are accountable to ensure their employees are safe at work. This is especially relevant for those who work in high-risk fields such as construction or utilities. In certain instances however, an employer's negligence can result in a worker getting hurt or even dying. Employers in these sectors must follow stricter safety standards. If an employee is injured at work, they should be compensated for medical expenses and loss of income. While workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injury was resulted from the negligence of an employer. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. It was not intended to grant railroad workers complete compensation on the spot. The law requires that workers prove that the railroad was negligent in causing their injury. The law prohibits employers from refusing to accept a claim that is based on the negligence of a contributor. In general, an injured worker has to prove three things in order to be eligible for compensation under the FELA. Scope Railroad workers face unique risks. If they are injured while at work, they can sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just safeguard workers, it also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must prove four elements: 1.) the injury occurred within the scope of employment,) the employee acted in the course and scope of the duties he or she performed 3) the conduct in question was detrimental to the employer's interstate transport business and four) the railroad was negligent. While many injuries fall under either workers' compensation or FELA, some cases may involve both. Both laws differ in many ways. A knowledgeable attorney can help determine which law is best for your particular situation. Knowing these differences can save you time and money as well as avoid unnecessary confusion. Limitations Employers across the United States are responsible for keeping their employees safe and unharmed. However, certain industries and jobs are more prone to injuries than others. This is why these employers are held to a stricter standard of safety guidelines. For instance, employees in high-risk industries like utilities and construction are typically protected by laws governing worker's compensation. These state-specific laws offer compensation to workers who are injured on the job. Railroad workers are also covered under the Federal Employers' Liability Act, codified as 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 in violation of federal safety laws. In contrast to state workers' compensation laws, FELA does not automatically give injured railroad workers full compensation. Instead it requires railroad workers injured to show that their employer was “legally negligent” in causing their injuries. FELA claims are typically handled in federal courts and railroad workers who are injured are entitled to have their cases ruled by juries. In a jury trial, the jury must determine that the railroad is liable for the death or injury of an injured employee. This conclusion should be based on the evidence that is presented in the case. It must include that the railroad did not exercise a duty of care towards its employees, and that this negligence caused the death or injury. The jury must also find the railroad in violation of one or more statutes in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount for which the plaintiff must be held accountable. It may reduce the amount by the percentage that the plaintiff's negligence contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the job. This law was distinct from the workers' compensation laws in the individual states and created an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and permits railroad workers injured to recover damages in cases of injury. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. Railroad employees are exempt from state workers' compensation and provides a way to seek damages if they suffer injuries at work as a result of a lapse or negligence by their employer. To prevail in a lawsuit brought under FELA an injured railroad worker must demonstrate that their employer has violated the law and that this violation led to the injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may order a jury to hear the case of a FELA claim. To win a FELA lawsuit the employee must prove that the railroad was at fault for their injuries or death. They must show that they were hurt or killed as a result of the negligence of a railroad, their failure to provide safety education and equipment, or a violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If a jury gives damages to a plaintiff after an award the railroad is accountable for paying the damages. Before beginning their deliberations, the jury should be properly informed about the law.