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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow, so too is the chance of being injured at work. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they have a federal law that protects workers from negligence by employers. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here is what you should know about the Federal Employers. Definition Railroad workers face a distinct set of safety challenges when working. To avoid accidents at work, railroad workers are held to a higher standard. If a worker gets injured on the job it can be devastating and impact their entire life. Fortunately, there are laws that protect workers and make sure they receive the compensation they require. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' comp, which protects workers in other sectors. Unlike workers' compensation, FELA claims must be proven by proving the negligence of the employer. A FELA attorney is a great resource. Congress passed FELA in 1908. The law stipulates that railroad carriers can be held accountable for the death or injury of an employee. This liability is only applicable in the event that the incident occurred within the scope and course 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, or procedures or infractions of the Safety Appliance Act. The law was passed to protect railroad workers, but it also creates high standards of responsibility for employers across all sectors. Judges are not typically able to think of workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. This is why it is important to know the distinctions between these two laws, so that you can choose which one is best for your case. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing an action under FELA. Purpose In general, employers are responsible to ensure the safety of their employees while at work. This is particularly applicable to workers in high-risk sectors such as utilities and construction. In certain instances an employer's negligence could lead to a worker being injured or even dying. This is why employers in these fields are required to adhere to stricter safety standards. If an employee is injured while at work, they must be compensated for medical expenses and loss of income. While the laws on workers' compensation apply to a wide range of workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known 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 the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. It was not intended to grant railroad workers complete payment on a regular basis. The law requires that workers 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 contributory negligence. As a rule an injured worker must demonstrate the following three elements to be awarded damages under the FELA: Scope Railroad workers face a variety of risks. 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 law is not just essential to protect workers, it also sets standards that employers must adhere to. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting within the course and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transport business and (4) the railroad was negligent and its negligence played some part in causing the injury. 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 is best suited to your requirements. Understanding these differences will save you money and time and also avoid unnecessary confusion. Limitations Employers are responsible for ensuring the security and well-being of their employees. Certain occupations and industries pose a greater risk of injury. Employers are required to meet a higher standard of safety guidelines. The workers in high-risk industries like utilities and construction for instance, are typically covered under worker's compensation law. These state-specific laws provide the right to compensation for workers injured on the job. In the same way, railroad workers are covered by 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 railroad workers injured by accidents to sue their employers for damages caused by their employer's negligence or 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 railroad workers who have been injured to prove that their employer's negligence was the cause of their injuries. FELA claims are usually considered in federal court, and injured railroad workers are entitled to have their cases decided by jury. In a jury trial, the jury will decide whether the railroad is liable for the injury or death of an employee who has been injured. The conclusion must be based upon the evidence provided in the case. It must include that the railroad failed to exercise a duty of care to its employees and that negligence caused or contributed to the death or injury. Additionally the jury must find that the railroad violated one or more of the statutes set forth in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages that 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 injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who suffered injuries while working. This law was distinct from the workers' compensation laws of individual states, and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for the employer's responsibilities, and allows injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads who have their own railway lines that are used by interstate railroads. fela railroad accident lawyer are not covered by state workers' compensation, and allows them 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 win a lawsuit under FELA an injured railroad worker must demonstrate that their employer has violated that act and that this violation caused or contributed the injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to decide to have a jury hear the case of a FELA claim. To win a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must show that they were injured or killed due to the railroad's negligence or failure to provide safety equipment and training, or because of a violation of a safety act such as the Boiler Inspection Act. If the jury decides that a plaintiff is the winner, the railroad must pay the damages that were awarded. Before beginning their deliberations, the jury should be properly informed about the law.