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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and with it, the chances of getting injured on the job. Railroad workers aren't covered by state-run workers' compensation programs. They are protected by federal law against employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). Here is what you need to know about it. Definition Railroad workers face unique safety challenges. This is why they are required to meet higher standards when it comes to injuries that are related to work. An injury sustained by a worker during work can have a devastating impact on their life. Thankfully there are laws to protect these workers and ensure that they receive the compensation they need. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp which covers workers in other sectors. Contrary to workers' compensation, FELA claims are fault-based and require the evidence of negligence or recklessness. A FELA attorney can be of great assistance. Congress passed FELA in 1908. The law states that a railroad carrier is liable for an injury or death of their employees. This is only the case in the event that the incident occurred within the course and scope of the employee's duties and was caused by negligence on the part of the carrier. This could include the insufficient 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 sets high standards of accountability for employers in all industries. Judges are not typically able to think of workers' compensation or FELA to be the same, however that is changing as more FELA cases are filed. As a result, it is important to know the differences between the two laws to decide which one is the best for your case. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in submitting a claim under the FELA. Purpose In general, employers are accountable to ensure the safety of their employees at work. This is particularly relevant for those who work in highly risky fields like construction and utilities. In some instances, however, an employer's negligence could result in an employee being injured or even dying. Because of this, employers in these industries are held to stricter safety standards. If an employee gets injured while at work, they must be compensated for their medical expenses as well as lost income. Workers' compensation laws apply to a wide range of workers in the United States, there are particular federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was caused by the employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. It was not intended to grant railroad workers complete compensation automatically. The law requires that workers prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general the case of an injured worker, he or she must to show three things to be eligible for compensation under the FELA. Scope Railroad workers are at risk in a unique way. If they are injured while at work, they may sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not only important to protect workers, but also sets high standards that employers must meet. A Tennessee worker who seeks compensation under FELA must prove four things: 1) the injury occurred within the scope of employment,) the employee acted in the course and scope of the duties he or she performed 3) the conduct at issue furthered the employer's interstate transportation business and 4) the railroad was negligent. Certain cases could be covered under both workers compensation and FELA. The two laws differ in several ways, and a knowledgeable attorney can help you determine which one is most suitable for your requirements. Having an understanding of these differences can 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 pose a higher risk of injuries than others. Thus, these employers are required to adhere to a stricter standard of safety guidelines. The workers in high-risk industries such as utilities and construction, for example, are often covered under the law of worker's compensation. fela lawyers -specific laws offer compensation to workers who are injured on the job. Similarly, railroad workers are protected 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 incurred by negligence of their employers or in violation of federal safety regulations. In contrast to state workers' compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers injured. It requires injured railroad workers prove that their employer's negligence was the cause of their injuries. FELA claims will be handled in federal courts and railroad workers who have been injured are entitled to an appeal to a jury. In a jury trial the jury must decide if the railroad is accountable for the death or injury of an employee who was injured. This conclusion must be based on the evidence that are presented in the case which include that the railroad was negligent in not exercising the proper care for its workers, and that the railroad's negligence led to or contributed to the cause of, the injury or death. The jury must also find that the railroad is in breach of 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. The jury will determine the amount to which the plaintiff has to be held liable. The jury may reduce the amount by the percentage that the plaintiff's negligence 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 workers' compensation laws in the individual states and created an avenue through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations and allows injured railroad employees to recover damages. FELA applies to employees of railroads that operate across state lines or internationally. It is also applicable to railroads that own and maintain rail lines that are used by interstate railroads. It exempts railroad workers from the state's workers' compensation laws and provides a means for claiming damages when they are injured while working because of a violation of federal safety laws or due to the negligence of their employer. In order to win a lawsuit under FELA railroad workers who have been injured has to demonstrate that their employer has violated the law and that the violation caused or contributed their death or injury. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to have a jury hear a FELA claim. To win a FELA lawsuit, an employee has to show that the railroad was at fault for their injury or death. They must prove that they were injured or killed because of the railroad's negligence or failure to provide safety equipment and training, or because of a violation of a safety rule such as the Boiler Inspection Act. If a jury gives damages to a plaintiff after a verdict the railroad is responsible for paying the damages. Before they begin their deliberations, the jury must be properly informed about the law.