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The Federal Employers? Liability Act Protects Railroad Workers

The industry of railroads is growing, and with it, the chances of being injured at work. In contrast to other types of workers, railroad workers do not have access to the state-run worker's compensation systems. They are protected under federal law against employer negligence.

This federal law is known 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. This is why they are required to meet higher standards in regards to injuries that are related to work. An injury sustained by a worker on the job can have a devastating impact on their life. Luckily, there are laws to 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 is different from the regular workers compensation, which covers state workers in other industries. As opposed to workers compensation, FELA claims must be established by proving the negligence of the employer. This is where a fela railroad settlements lawyer can really help.

Congress passed FELA in 1908. The law states that a railroad carrier is liable for the injury or death of an employee. However, this is only if the accident occurred while in the course of the employee's job and resulted from the carrier's negligence. This includes failure to provide adequate safety equipment, training, or procedures or infractions of the Safety Appliance Act.

The law was enacted to protect railroad workers, but it also creates high standards of responsibility for employers across all sectors. Judges generally do not think of workers' compensation or FELA to be the same, however this is changing as more FELA cases are filed. It is important to understand the distinctions between these laws to decide which is appropriate for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.

Purpose

In general employers are responsible for keeping their employees safe at work. This is especially relevant for workers in high-risk sectors, like construction and utilities. In certain instances the negligence of an employer can lead to a worker being injured or even dying. Employers in these sectors must adhere to stricter safety rules. If someone is injured on the job they are entitled to be compensated for medical bills and lost earnings.

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, also referred to as the Federal Employers' Liability Act or FELA will require that a person prove that their injury was resulted from an employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not intended to provide railroad workers with full compensation. The law requires railroad workers to prove that the railroad was negligent in causing their injury. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory.

In general an injured worker must demonstrate the following three things in order to be awarded compensation under FELA:

Scope

Railroad employees are in an unique work environment that comes with its own set of risks. If they suffer injuries at work, they have a cause of action against their employer under a Federal law known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This crucial law doesn't only protect workers, but also sets high standards for employers to adhere to.

A Tennessee worker seeking compensation under FELA is required to show four things: 1)) the injury occurred within the context of employment, 2) the employee acted within the course and scope and his or her duties, 3) the act in question was detrimental to the employer's interstate transport business and four) the railroad was negligent.

While many injuries fall under either workers' compensation or FELA certain cases could fall under both. The two laws differ in many ways, and a seasoned attorney can help you determine which one best suits your needs. Having an understanding of these distinctions can save you time and money, as well as avoiding unnecessary confusion.

Limitations

Employers are responsible for ensuring the health and safety of their employees. Certain industries and occupations pose the highest risk of injury. 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 under worker's compensation laws. These state-specific laws provide the right to compensation for workers injured on the job. Railroad workers are also covered by the Federal Employers' Liability Act which is codified as 45 U.S.C. 51-60).

In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred by negligence of their employers or in violation of federal safety statutes. In contrast to state workers' compensation laws, FELA doesn't automatically award full compensation to injured railroad workers. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.

FELA claims will be handled in federal employers’ liability act courts and railroad employees who have been injured are entitled to trial by jury. In a jury case the jury must decide that the railroad is liable for the injury or death of an employee or death. This conclusion must be based upon the evidence presented in the case. It must include that the railroad did not exercise a duty of care to its employees and that negligence caused or contributed to the death or injury.

Furthermore, the jury must also find that the railroad did not comply with one or more of the laws stipulated in the fela railroad 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 a percentage that the plaintiff's negligence contributed to the injury or death.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries on the job. This law was different than the laws governing workers' compensation in each state and provided an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and permits railroad workers injured to claim damages in the event of injury.

FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad employees are not covered by state workers' compensation and allows them to claim damages if they suffer injuries at work as a result of a lapse or negligence of their employer.

To succeed in a lawsuit brought under FELA the injured railroad worker must prove that their employer violated the law and that the breach caused or contributed to their death or injury. The burden of proof in a FELA case rests with the plaintiff and the court has the authority to order a trial by jury for the purpose of a FELA claim.

To be successful in a FELA claim an employee must show that the railroad was responsible for or contributed to their injury or death. They must prove that they were injured or killed because of a railroad's negligence, failure to provide safety training and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury is found to be in favor of a plaintiff the railroad must pay the damages awarded. The jury should be properly informed about the law prior to their deliberations.