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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as is the possibility of being injured at work. Unlike other types of workers railroad workers do not have access to state-run workers' compensation systems. They are protected under a 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 challenges in safety. In turn, they are expected to adhere to higher standards in regards to workplace-related injuries. If a worker gets injured while working it can be devastating and impact their entire life. Thankfully, there are laws that protect workers and ensure they receive the compensation they need. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp, which is a type of insurance that covers workers in other sectors. Unlike workers' compensation, FELA claims must be established by proving the employer's negligence. A FELA attorney is a great resource. Congress approved FELA (1908). The law states that railroad carriers are responsible for any injury or death of their employees. This liability is only applicable in the event that the incident occurred within the scope and course of the employee's work and was caused by negligence on the part of the carrier. This includes failure to provide adequate safety equipment, training, and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was enacted to protect railroad workers, however it also creates high standards of accountability for employers in all sectors. Generally, workers' compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. This is why it is essential to understand the distinctions between these two laws to decide which one is the best for your case. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA. Purpose As a rule, employers are responsible to ensure their employees are safe at work. This is especially relevant for those who work in areas that are high-risk like construction and utilities. In certain cases the negligence of an employer can result in a worker being injured or even dying. Employers in these sectors must adhere to more stringent safety regulations. When an employee is injured at work, they should be compensated for medical expenses and loss of income. Railroad workers are protected by federal laws, which differ from the workers' compensation laws. These laws, known as the Federal Employers' Liability Act (FELA), require the worker to prove that their injury was caused by the 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 full compensation. Instead the law requires an injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from refusing to accept a claim that is based on the negligence of a contributor. In general the case of an injured worker, he or she must to prove three things in order to be eligible for compensation under the FELA. Scope Railroad employees are in an environment of work that is characterized by its own set of hazards. If they are injured while at work, they can sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just crucial to protect workers, but also sets standards that employers must adhere to. A Tennessee worker seeking compensation under FELA must demonstrate four things: 1)) the injury occurred within the context of employment, 2) the employee acted in the course and scope and his or her duties, 3) the conduct at issue was detrimental to the employer's interstate transport business and 4) the railroad was negligent. Certain cases could be covered under both workers' compensation and FELA. Both laws differ in various ways. A knowledgeable lawyer can help you determine which law is best for your situation. Understanding the differences can save you money and time, as well avoid unnecessary confusion. Limitations Employers are responsible for ensuring the safety and well-being of their employees. Certain industries and occupations pose higher risk of injury. Therefore, those employers are held to a stricter standard of safety standards. For instance, employees in high-risk sectors such as utilities and construction are typically protected by laws governing worker's compensation. These state-specific laws provide compensation to workers injured while working. 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 permits injured railroad workers to seek damages from employers caused by their negligence or in violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers show that their employer's negligence was the reason for their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial the jury must decide if the railroad is accountable for the injury or death of an employee who was injured. This conclusion must be based on the evidence that are presented in the case which include 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 then decide the amount at which the plaintiff is held liable. The jury may reduce the amount by the proportion that negligence by the plaintiff contributed to or caused 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 different from the laws governing workers' compensation of each state, and established a system by which injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and allows injured railroad workers to seek compensation in the event of injury. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows for claiming damages when they are injured while working because of a violation of federal safety laws or the negligence of their employer. In order to win a lawsuit under FELA railroad workers who have been injured has to show that their employer acted in violation of the law and that the violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court may decide to require a jury to consider the case of a FELA claim. To prevail in fela accident attorney , an employee must show that the railroad was accountable for their injury or death. They must show that they were injured or killed as a result of the railroad's negligence or inability to provide safety equipment and/or training, or because of a violation of a safety rule like the Boiler Inspection Act. If a jury decides to award damages to a plaintiff following a verdict the railroad is accountable for paying the damages. The jury should be properly instructed about the law prior to their deliberations.