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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing and with it comes the risk of getting injured on the job. Railroad workers aren't covered by state-run workers' compensation programs. Instead, they are protected by a federal law that protects them from negligence by employers. 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 unique challenges in safety. In order to prevent accidents at work, railroad workers are held to the highest standards. A worker's injury during work can have a devastating impact on their life. Thankfully there are laws in place to protect these workers and make sure they receive the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation which is a type of insurance that covers workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or carelessness. This is where a FELA lawyer can really assist. Congress approved FELA in 1908. The law stipulates that railroad carriers are accountable for injuries or death of their employees. However, this only applies if the accident occurred while in the course of the employee's employment and stemmed from the negligence of the carrier. This includes the failure to provide sufficient safety equipment, training, or procedures or violations of the Safety Appliance Act. Despite the fact that the law was passed to offer protection to railroad workers, it also creates high-risk standards for employers across all industries. In general, workers' compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are being filed under the FELA. Therefore, it is essential to understand the differences between the two laws so you can choose which one is best for your particular situation. fela lawsuits is experienced in representing railroad workers and can assist you in filing an action under FELA. Purpose In general, employers are required to ensure the safety of their employees while at work. This is especially applicable to employees in high-risk fields such as construction and utilities. In certain instances however, an negligent employer can lead to a worker getting hurt or even dying. Because of this, employers in these industries are held to stricter safety guidelines. If an employee is injured while at work, they should be compensated for their medical expenses and lost income. While workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require workers to prove that their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not designed to provide railroad workers with full compensation. The law requires workers to prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general an injured worker must demonstrate the following three elements to be awarded compensation under FELA: Scope Railroad employees are in an unique work environment that is characterized by the risk of its own. If they are injured while at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers, but also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must demonstrate four elements: 1.) the injury occurred within the context of employment, 2) the employee acted within the course and scope of his or her duties 3) the conduct at issue furthered the employer's interstate transportation business, and 4) the railroad was negligent. Certain cases could be covered under both workers' compensation and FELA. The two laws differ in many ways, and a seasoned attorney can help you determine which one is best suited to your requirements. Understanding these distinctions can save you time and money, and also avoid unnecessary confusion. Limitations Employers across the country are responsible for keeping their employees protected and safe. However certain occupations and industries are more prone to injury than other. These employers are therefore subject to a higher level of safety standards. For example, workers in high-risk sectors such as utilities and construction are usually covered by worker's compensation laws. State-specific laws give workers compensation if they are injured in the course of their job. The same is true for railroad workers. covered under 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 regulations. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead it requires railroad workers injured to show that their employer was “legally negligent” in causing their injuries. FELA claims are generally handled in federal courts, and injured railroad workers are entitled to have their cases heard by a jury. In a jury case, the jury must find that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion should be based on the evidence presented in the case. It must also include evidence that the railroad failed to uphold a duty of respect to its employees and that negligence contributed to the death or injury. The jury must also find that the railroad is in violation of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount at which the plaintiff has to be held accountable. It may reduce the amount by a percentage that negligence by the plaintiff contributed to or caused the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who had suffered injuries while on the job. This law was distinct from the workers' compensation laws of the individual states and established a system by which injured railroad workers could directly sue their employers. FELA establishes high standards for employers' obligations and allows railroad employees who are injured to seek damages. FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain rail tracks that are used by other interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a mechanism to claim damages if they are injured at work because of a violation to federal safety regulations or due to the negligence of their employer. To prevail in a lawsuit brought under FELA railroad workers who have been injured has to demonstrate that their employer has violated that act and that this violation caused or contributed their injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to require a jury to consider the FELA claim. To win a FELA lawsuit, an employee must demonstrate that the railroad was responsible for their injuries or death. They must prove that they were hurt or killed due to the negligence of a railroad, their failure to provide safety training and equipment, or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides in favor of a plaintiff the railroad must pay the damages awarded. Before beginning their deliberations, the jury must be informed of the law.