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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding and with it, the chances of getting injured while working. As opposed to other types of employees, railroad workers do not have access to the state-run worker's compensation systems. They are protected by a federal law from employer negligence. Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here's what you should know about the Federal Employers. Definition Railroad workers face unique safety issues. To avoid accidents at work, railroad workers are held to an elevated standard. If a worker gets injured while working, it can be extremely devastating and have a negative impact on their life. Thankfully there are laws to protect workers and make sure they receive the compensation they require. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from the standard workers compensation, which covers state workers in other industries. Unlike workers' comp, FELA claims are fault-based and require the evidence of the employer's negligence or recklessness. A FELA attorney can be a great resource. Congress approved FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. This liability only applies in the event that the incident occurred within the context 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 violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was enacted in order to provide protection to railroad workers, it also establishes strict liability requirements for employers in all industries. Judges generally do not consider workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. It is important to understand the differences between these laws in order to choose which is best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is especially relevant for workers in high-risk industries such as utilities and construction. In some cases however an employer's negligence could cause a worker to be injured or even dying. Because of this, employers in these industries are held to stricter safety standards. If an employee is injured at work, they should be compensated for medical expenses and loss of income. While the laws on workers' compensation protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA requires that a worker prove that their injury was caused due to the negligence of their employer. In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for injuries suffered by them. The law was not intended to provide railroad workers with full payment on a regular basis. 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 basis of contributory negligence. As a general rule, an injured worker must prove the following three elements to be awarded damages under FELA: Scope Railroad employees have a unique working environment that is characterized by its own set of risks. When they are injured at work they may have an action right against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not just important to protect workers, but also sets high standards for employers must follow. A Tennessee worker who seeks compensation under FELA must prove four things: 1)) the injury occurred within the scope of employment,) the employee acted within the course and scope and his or her duties 3) the act in question furthered the employer's interstate transportation business and four) the railroad was negligent. Many injuries are covered under either workers compensation or FELA, some cases may involve both. Both laws are different in numerous ways. An experienced attorney can help determine which law is best for your particular situation. Knowing these distinctions can save you time and money, and also avoid unnecessary confusion. Limitations Employers across the nation are accountable to ensure that their employees are protected and safe. However certain jobs and industries pose a higher risk of injury than other. These employers are therefore held to a higher standard of safety standards. For example, workers in high-risk fields such as utilities and construction are typically covered by worker's compensation laws. State-specific laws give workers compensation in the event that they are injured in the course of their job. fela attorneys are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages incurred by their employer's negligence or in violation of federal safety statutes. Contrary to state workers' compensation laws, FELA does not automatically give 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 are generally considered in federal court and railroad workers who are injured are entitled to have their cases decided by a jury. In a jury trial, the jury must find that the railroad is liable for the injury or death of an employee or death. This finding must be based on proofs provided in the case for example, that the railroad was negligent in failing to exercise the proper care for its workers, and that the railroad's negligence led to, or contributed to cause, the injury or death. The jury must also find that the railroad is in breach of one or more statutes listed 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 responsible and may also reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed to the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different than the laws governing workers' compensation in individual states and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for employer responsibilities and allows injured railroad workers to recover damages in cases of injury. FELA applies to employees of railroads that operate across state lines or internationally. It is also applicable to railroads that have their own railway lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation and allows them to claim damages in the event that they are injured while at work due to a violation or negligence of their employer. In order to win a lawsuit brought under FELA, an injured railroad worker must show that their employer violated the act 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 can order a jury to hear the FELA claim. To win a FELA claim an employee must show that the railroad caused or contributed to their injuries or death. They must show that they were hurt or killed due to the negligence of a railroad, their inability to provide safety training and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff in an award, the railroad is responsible for the payment of the damages. The jury must be properly informed about the law prior to beginning deliberations.