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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as is the possibility of getting injured while working. In contrast to other types of workers railroad workers do not have access to state-run worker's compensation systems. They are protected under federal law against employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face unique safety issues. To prevent work-related accidents, railroad workers are held to an elevated standard. When a worker is injured on the job it can be devastating and impact their entire life. Fortunately there are laws to protect workers and make sure they receive the compensation they need. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from regular workers compensation, which covers state workers in other industries. Unlike workers compensation, FELA claims must be proved by proving an employer's negligence. fela railroad accident lawyer can be of great assistance. Congress passed FELA in 1908. The law stipulates that a railroad carrier can be held accountable for the death or injury of an employee. This liability only applies when the incident occurred in the scope and course of the employee's job, and was caused by negligence on the part of the carrier. This could include the failure to provide the proper safety equipment, training, and procedures, or violations of the Safety Appliance Act. Despite the fact that the law was created in order to provide protection to railroad workers, it also sets high liability standards for employers across all industries. Generally speaking, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. This is why it is crucial to understand the differences between these two laws, so that you can choose which one is best for your 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 accountable to ensure their employees are safe at work. This is especially relevant for those who work in highly risky fields, such as construction and utilities. In certain cases the negligence of an employer can lead to a worker being injured or even dying. Because of this, employers in these fields are required to adhere to more stringent safety guidelines. If someone is injured on the job they are entitled to be compensated for their medical bills and lost earnings. Railroad workers are protected by federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act (FELA) requires the worker to prove that their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. It was not designed to provide railroad workers with full compensation on the spot. The law requires workers to demonstrate that the railroad was negligent in causing their injury. The law prohibits employers from refusing to accept a claim based on contributory negligence. In general, an injured worker has to be able to prove three things to be eligible for compensation under the FELA. Scope Railroad workers face a variety of risks. When they are injured on the job they are entitled to the right to sue 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 crucial to protect workers, it also sets high standards that 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 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. Some cases might fall under both workers compensation and FELA. The two laws differ in several ways, and a skilled lawyer can help you decide which one is most suitable for your requirements. Understanding these distinctions can save you time and money as well as avoid unnecessary confusion. Limitations Employers across the country are accountable to ensure that their employees are safe and unharmed. Certain occupations and industries pose higher risk of injuries. Employers are held to a higher standard of safety guidelines. The workers in high-risk industries such as utilities and construction, for instance, are usually protected under the law on worker's compensation. State-specific laws give workers compensation in the event that they are injured during their work. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to seek damages from employers resulting from their negligence or in violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims will be heard in federal courts, and railroad employees who are injured are entitled to an appeal to a jury. In a jury trial the jury must decide if the railroad is liable for the injury or death of an employee who was injured. The verdict must be based on evidence that are presented in the case for example, that the railroad was negligent in failing to exercise a reasonable duty of care for its workers and that the railroad's negligence caused or contributed to the cause of the death or injury. The jury must also find the railroad in violation of any one or more statutes listed in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount for which the plaintiff has to be accountable. It may reduce the amount by the percentage that negligence by the plaintiff 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 job. This law was different from the laws governing workers' compensation of individual states, and established a system by which railroad workers injured in an accident could directly sue their employers. FELA establishes high standards for employers' obligations, and permits 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 railway tracks that are utilized by other interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety statutes or due to the negligence of their employer. To win a lawsuit under FELA an injured railroad worker must show that their employer acted in violation of the law and that this violation caused or contributed the injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court can require a jury to consider a FELA claim. To prevail in a FELA lawsuit, an employee must demonstrate that the railroad was accountable for their injury or death. They must prove that they were injured or killed as a result of the negligence of the railroad, its failure to provide safety training and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If a jury gives damages to a plaintiff following a verdict the railroad is responsible for the payment of the damages. The jury has to be properly instructed about the law prior to beginning deliberations.