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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows as does the risk of getting injured at work. Railroad workers are not covered by the state-run workers' compensation systems. They are protected under a federal law against employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). What fela lawsuit settlements need to Know about the Liability Act (FELA). Definition Railroad workers face unique safety challenges. This is why they are held to higher standards when it comes to work-related injuries. When a worker is injured on the job it can be devastating and affect their entire life. Luckily there are laws that protect these workers and ensure that they receive the compensation they are due. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from the standard workers compensation, which covers state workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or carelessness. This is where a FELA lawyer can be of great help. Congress passed FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. This liability only applies when the incident occurred in the scope and course of the employee's work and was caused by negligence on the part of the carrier. This could include the failure to provide sufficient 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, but it also establishes high standards of accountability for employers in all industries. In general, workers' compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are being filed under the FELA. Therefore, it is essential to understand the distinctions between these two laws so you can decide which one is the best for your situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA. Purpose In general employers are responsible for ensuring their employees' safety at work. This is particularly true for workers who work in high-risk fields such as construction or utilities. In some cases the employer's negligence can result in an employee being injured or even dying. Employers in these sectors must adhere to more stringent safety standards. When an employee is injured at work, they should be compensated for their medical expenses and loss of income. Railroad workers are protected by federal laws, which differ from the laws governing workers' compensation. These laws, also known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. It was not intended to give railroad workers full compensation automatically. The law requires that workers demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from denial of a claim that is due to the negligence of a contributor. As a general rule an injured worker must prove the following three things in order to be awarded damages under FELA: Scope Railroad workers face a variety of risks. When they are injured on the job, they have an action right against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to safeguard workers, it also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the scope of employment; (2) the employee was acting in the course and of the scope of his duties; (3) the conduct in question was in furtherance of the employer's interstate transportation business and (4) the railroad was negligent and its negligence played some part in causing the injury. Some cases might fall under both workers' compensation and FELA. Both laws are different in various ways. A knowledgeable lawyer can assist you in determining which law is appropriate for your situation. Understanding these distinctions can save you time and money and also avoid unnecessary confusion. Limitations Employers are responsible for the security and well-being of their employees. Certain industries and professions carry the highest risk of injuries. This is why these employers are required to adhere to a stricter level of safety guidelines. Workers in high-risk fields like construction and utilities, for example, are often covered under the law of worker's compensation. These state-specific laws provide workers compensation if they're injured during their work. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows injured railroad workers to claim damages against employers due to their negligence or a violation of federal safety laws. Unlike state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers to demonstrate that negligence by their employers was the cause of their injuries. FELA claims will be handled in federal courts and railroad workers who are injured are entitled to an appeal to a jury. In a jury trial the jury will decide whether the railroad is liable for the death or injury of an employee who has been injured. This conclusion must be based on the evidence presented in the case. It must include that the railroad did not uphold a duty of respect to its workers and that the negligence caused or contributed to the injury or death. The jury must also find that the railroad is 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. Finally, the jury must determine the amount of damages that the plaintiff is responsible and can reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different from the laws for workers' compensation in each state and provided a system through which injured railroad workers could directly sue their employers. FELA sets high standards for employer responsibilities and allows railroad workers who have been injured to seek compensation in the event of injuries. FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads who manage and own railway lines that are used by interstate railroads. Railroad workers are exempt from state workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety statutes or the negligence of their employer. To be successful in a lawsuit under FELA the injured railroad worker must show that their employer violated the act and that the breach caused or contributed to their injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court can decide to have a jury hear the FELA claim. To prevail in a FELA lawsuit the employee must demonstrate that the railroad was accountable for their injury or death. They must show that they were hurt or killed as a result of the negligence of a railroad, their 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 gives damages to a plaintiff in an award the railroad is accountable for paying the damages. The jury should be properly educated on the law prior to beginning deliberations.