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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding and so are the risks of injury on the job. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. Instead, they have 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). Here's what you need to know about it. Definition Railroad workers face unique challenges in safety. In order to prevent accidents at work, railroad workers are held to an elevated standard. An injury sustained by a worker on the job can have devastating effects on their life. Fortunately there are laws that protect workers and ensure that they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from the regular workers' compensation which is a type of insurance that covers workers in other sectors. Contrary to workers' compensation, FELA claims are fault-based and require the evidence of negligence or inattention. This is where a FELA lawyer can really help. Congress adopted FELA (1908). The law says that railroad carriers can be held liable for the injury or death of an employee. This is only the case when the incident occurred in the context of the employee's job, and was caused by negligence on the part of the carrier. This includes failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act. The law was passed to protect railroad workers, however it also sets high standards of accountability for employers in all industries. Generally, workers compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are filed under the FELA. It is crucial to know the differences between these laws in order to determine which one is the best for your specific situation. The Lanier Law Firm 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 security of their employees at work. This is especially relevant for employees in high-risk fields such as utilities and construction. In some instances, however, an employer's negligence could result in a worker getting hurt or even dying. Employers in these sectors must adhere to stricter safety rules. If someone is injured on the job and suffers a serious injury, they should be paid for their medical bills and lost income. While the laws on workers' compensation protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, 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 the FELA to ensure that railroad workers receive 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 injuries. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence. In general the case of an injured worker, he or she must to be able to prove three things to receive damages under the FELA. Scope Railroad workers face a variety of risks. When they are injured while working, they have the right to sue their employer under a Federal statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just crucial to protect workers, it also sets standards that employers must meet. A Tennessee worker who seeks compensation under FELA must prove four things: 1)) the injury occurred within the context of employment, 2) the employee acted in 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. While a lot of injuries fall under either workers compensation or FELA, some cases may involve both. The two laws differ in many ways, and a seasoned lawyer can help you decide which one is most suitable for your needs. Having an understanding of these distinctions will save you time and money, as well as avoid unnecessary confusion. Limitations Employers are responsible for the safety and well-being of their employees. However, certain industries and jobs have a higher risk of injury than others. This is why these employers are held to a stricter standard of safety standards. 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 while working. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred due to their employer's negligence or in violation of federal safety regulations. Unlike the state laws governing workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims are generally considered in federal court, and injured railroad workers are entitled to have their cases heard by jury. In a jury case the jury has to decide that the railroad is liable for an injured employee's injury or death. This conclusion must be based upon the evidence presented in the case. It must include that the railroad failed to exercise a duty of care towards its employees and that negligence contributed to the injury or death. Additionally the jury must find that the railroad violated one or more of the statutes that are outlined 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 liable and may also reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different from the workers' compensation laws of each state, and established a system by which railroad workers injured in an accident could directly sue their employers. fela attorneys sets high standards for employers' responsibilities, and allows injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation and provides a way to claim damages if they are injured at work as a result of a violation or negligence of their employer. To be successful in a lawsuit under FELA an injured railroad worker must show that their employer has violated the act and that the violation caused or contributed to their injury or death. The burden of proof in a FELA case is on the plaintiff and the court is able to order a jury trial in the purpose of 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 prove that they were injured or killed due to the railroad's negligence or failure to provide safety equipment or training, or because of a violation of a safety law like the Boiler Inspection Act. If the jury awards damages to a plaintiff in a verdict the railroad is responsible for the payment of the damages. Before they begin deliberations, the jury must be fully informed about the law.