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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows and expand, so is the possibility of getting injured while working. In contrast to other types of workers railroad workers do not have access to state-run worker's compensation systems. Instead, they are protected by a federal law that protects them from employer negligence. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face a unique set of safety issues while on the job. This is why they are expected to adhere to 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 lives. Luckily there are laws in place to protect these workers and ensure 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 sectors. As opposed to workers' compensation, FELA claims must be proved by proving an employer's negligence. A FELA attorney can be a great resource. Congress passed FELA (1908). The law states that railroad companies are responsible for any injury or death of their employees. 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 could include the failure to provide sufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was enacted to protect railroad workers, it also creates high liability standards for employers across all industries. Judges are not typically able to consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. Therefore, it is essential to understand the differences between the two laws so you can determine which one is suitable for your case. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA. Purpose As a rule, employers are responsible for keeping their employees safe at work. This is particularly applicable to workers in areas that are high-risk such as construction or utilities. In some cases however, an employer’s negligence can cause a worker to be injured or even dying. Because of this, employers in these fields are required to adhere to more stringent safety guidelines. When a person gets injured on the job they are entitled to be compensated for medical expenses and lost earnings. Railroad workers are protected under federal laws, which differ from workers' compensation laws. These laws, also referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injury was caused by the negligence of an employer. In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. It was not intended to provide railroad workers with full payment on a regular basis. Instead, fela claims railroad employees requires that a worker prove their injury was caused by railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis 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. When they are injured at work they are entitled to a cause of action against their employer under a Federal statute known as The Federal Employers? Liability Act, U.S.C. 51 et seq. This law is not only crucial to protect workers, but also sets high standards for employers must adhere to. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the scope of work; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct was in the interest of the employer?s interstate transportation business and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Some cases may be covered under both workers' compensation and FELA. The two laws differ in a variety of ways, and a knowledgeable lawyer can help you decide which one is most suitable for your needs. Understanding these distinctions will help you save time and money, as well avoid confusion. Limitations Employers are responsible for the health and safety of their employees. However certain jobs and industries have a higher risk of injury than others. They are thus subject to a higher level of safety guidelines. For instance, employees in high-risk sectors such as construction and utilities are often covered under worker's compensation laws. State-specific laws give workers compensation if they're injured in the course of their employment. Railroad workers are also covered under the Federal Employers' Liability Act which is codified as 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 due to their employer's negligence or in violation of federal safety statutes. In contrast to the state laws governing workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims are typically considered in federal court and railroad workers who are injured are entitled to have their cases decided by juries. In a jury trial, the jury must find that the railroad is liable for the injuries sustained by an injured employee or death. This finding must be based on evidence that are presented in the case for example, that the railroad was negligent in failing to exercise a reasonable duty of care for its workers and the negligence of the railroad caused or contributed to causing, the injury or death. Additionally the jury must determine that the railroad has did not comply with one or more of the laws stipulated in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. In the end, the jury has to determine the amount of damages that the plaintiff is liable and may also reduce the amount of the award by the percentage 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 job. This law was distinct from the laws governing workers' compensation of each state, and provided a system whereby railroad workers who were injured could directly sue their employers. FELA sets high standards for the duties of employers and allows railroad workers who have been injured to recover damages in cases of injury. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. It exempts railroad workers from state laws on workers' compensation and provides a means to claim damages if they are injured on the job because of a violation of federal safety laws or due to the negligence of their employer. In order to win a lawsuit under FELA the injured railroad worker must prove that their employer violated the law and that the breach caused or caused their death or injury. The burden of proof in a FELA case is on the plaintiff and the court has the power to require a jury trial in an FELA claim. To win 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 the negligence of a railroad, their failure to provide safety education and equipment, or a violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff, the railroad must pay the damages awarded. Before they begin their deliberations, the jury should be informed of the law.