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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding, and with it, the chances of injury while working. In contrast to other types of workers railroad workers don't have access to state-run worker's compensation systems. Instead, they have an unwritten law that protects them from negligence by employers. fela lawsuits , which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here's the information you must know about the Financial Liability Act (FELA). Definition Railroad workers face unique safety challenges. This is why they are expected to adhere 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. Thankfully there are laws to protect these workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from the regular workers' compensation, which covers state workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or inattention. A FELA attorney is a great resource. Congress passed FELA (1908). The law states that railroad companies is liable for the death or injury of an employee. This is only the case when the incident occurred in the scope and course of the employee's job, and was caused by the negligence of the railroad company. This could include the failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was passed to offer protection to railroad workers, it also creates high liability standards for employers in all industries. In general, workers compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. Therefore, it is essential to understand the differences between the two laws, so that you can choose which one is best for your case. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA. Purpose In general, employers are accountable to ensure the security of their employees at work. This is especially relevant for those who work in highly risky fields like construction and utilities. In some cases however, an employer’s negligence can cause a worker to be injured or even dying. For this reason, employers in these industries are required to adhere to more stringent safety guidelines. When an employee is injured while at work, they should be compensated for their medical expenses and lost income. While workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, also referred to as the Federal Employers' Liability Act or FELA, require a worker prove that their injury was caused by the negligence of their employer. In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. The law was not intended to give railroad workers full compensation automatically. Instead the law requires a worker prove their injury was caused by the railroad's negligence. The law prohibits employers from denial of a claim that is due to contributory negligence. As a rule an injured worker must demonstrate the following three things to be awarded damages under the FELA: Scope Railroad workers face a variety of risks. If they are injured while at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law is not just essential to protect workers, it also sets high standards for employers must meet. A Tennessee worker seeking compensation under FELA must demonstrate four things: 1) the injury occurred within the scope of employment, 2) the employee acted within 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 a lot of injuries fall under either workers compensation or FELA laws certain cases could fall under both. The two laws differ in several ways, and a knowledgeable lawyer can assist you in determining which one is best suited to your needs. Understanding these distinctions can save your time and money, as well as avoid unnecessary confusion. Limitations Employers across the United States are accountable to ensure that their employees are secure and free of harm. Certain industries and professions carry higher chance of injury. Therefore, those employers are held to a stricter standard of safety guidelines. For example, workers in high-risk fields such as construction and utilities are often protected by laws governing worker's compensation. These state-specific laws provide compensation to workers who are injured on the job. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred by their employer's negligence or in violation of federal safety statutes. Contrary to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers demonstrate that their employer's negligence was the cause of their injuries. FELA claims will be handled 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 determine that the railroad is accountable for the injury or death of an employee who was injured. This conclusion must be based on proofs 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 the negligence of the railroad caused or contributed to causing, the injury or death. The jury must also find the railroad in breach 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. Finally, the jury must determine the amount of damages for which the plaintiff is accountable and may also reduce the amount of the award by the proportion of the plaintiff's negligence that caused or 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 laws for workers' compensation in each state and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for the duties of employers and allows injured railroad workers to recover damages in cases of injuries. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad workers are exempt from state laws on workers' compensation and provides a means to claim damages if they are injured at work because of a violation of federal safety statutes or due to the negligence of their employer. To succeed in a lawsuit filed under FELA the injured railroad worker must prove that their employer has violated the act and that the violation led to or contributed to their injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court can require a jury to consider a FELA claim. To be successful in a FELA claim, an employee must prove 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 inability to provide safety equipment or training, or in violation of a safety law such as the Boiler Inspection Act. If the jury finds that a plaintiff is the winner the railroad must compensate the damages awarded. Before beginning their deliberations, the jury must be properly informed about the law.