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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing and with it, the chances of being injured at work. Railroad workers aren't covered by the state-run workers' compensation programs. They are protected by a federal law from employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face unique safety issues. To avoid accidents at work, railroad workers are held to a higher standard. When a worker is injured while working, it can be extremely devastating and impact their entire life. Fortunately there are laws in place to protect workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the standard workers compensation, which covers state workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and require the evidence of negligence or carelessness. This is where a FELA lawyer can really help. Congress passed FELA (1908). The law says that railroad companies can be held liable for the injury or death of an employee. fela claims is only the case in the event that the incident occurred within the context of the employee's job, and was caused by the carrier's negligence. This includes failure to provide the proper safety equipment, training, and procedures or violations of the Safety Appliance Act. The law was enacted to protect railroad workers but it also establishes high standards of responsibility for employers across all sectors. Judges do not generally consider workers' compensation and FELA to be the same, but that is changing as more FELA cases are filed. It is essential to be aware of the differences between these laws to determine which one is the best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you with filing a claim for compensation under the FELA. Purpose In general, employers are responsible to ensure the security of their employees at work. This is especially relevant for those who work in highly risky fields such as construction or utilities. In certain instances the negligence of an employer can result in a worker being injured or even dying. Because of this, employers in these industries are held to stricter safety guidelines. If an employee gets injured while at work, they must be compensated for their medical expenses and loss of income. Railroad workers are protected under federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was caused by an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. It was not designed to grant railroad workers complete compensation automatically. The law requires that workers demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence. As a rule an injured worker must demonstrate the following three things to be awarded compensation under FELA: Scope Railroad workers are at risk in a unique way. If they suffer injuries at work, they could sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This crucial law doesn't only safeguard workers, it also sets high standards for employers to adhere to. 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 in question contributed to the employer's interstate transportation business, and four) the railroad was negligent. Some cases may be covered under both workers compensation and FELA. Both laws are different in various ways. An experienced lawyer can help you determine the best law for your situation. Understanding these differences will save you time and money as well as avoid unnecessary confusion. Limitations Employers are accountable for the security and well-being of their employees. Certain industries and professions carry higher risk of injuries. These employers are therefore required to meet a higher standard of safety standards. For instance, workers in high-risk fields such as construction and utilities are often covered under worker's compensation laws. These state-specific laws provide compensation to workers injured while working. Similarly, 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 the FELA. This law permits injured railroad workers to seek damages from employers caused by their negligence or in violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers show that negligence by their employers was the reason for their injuries. FELA claims are typically considered in federal court, and injured railroad workers are entitled to have their cases heard by a jury. In a jury trial, the jury must decide if the railroad is liable for the injury or death of an employee who has been injured. This conclusion must be based upon the evidence provided in the case. It must be based on the fact that the railroad failed to perform a duty of care to its workers and that negligence led to or caused the injury or death. The jury must also find the railroad in violation of any one or more of the statutes mentioned in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. Finally, the jury must determine the amount of damages that the plaintiff is accountable and can 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 protect railroad workers who were injured on the job. This law was distinct from the laws governing workers' compensation of the individual states and provided a system whereby railroad workers who were injured could directly sue their employers. FELA sets high standards for employer responsibilities and permits railroad workers injured to claim damages in the event of injury. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who own and maintain rail lines that are used by interstate railroads. It exempts railroad employees from state workers' compensation, and provides a way to claim damages in the event that they are injured while at work as a result of a lapse or negligence of their employer. To prevail in a lawsuit brought under FELA an injured railroad worker must show that their employer acted in violation of that act and that this violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court may decide to order a jury to hear the FELA claim. In order to succeed in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their death or injury. They must prove that they were injured or killed due to the negligence of the railroad, its failure to provide safety training and equipment, or a violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff in an award, the railroad is responsible for the payment of the damages. Before they begin their deliberations, the jury has to be properly informed about the law.