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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand, so too is the chance of being injured on the job. Railroad workers aren't covered by the state-run workers' compensation programs. Instead, they have an unwritten law that protects workers from negligence by employers. This federal law is known 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 when working. In turn, they are expected to adhere to higher standards in regards to workplace-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 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 regular workers' comp, which covers workers in other industries. In contrast to workers' compensation, FELA claims must be proved by proving an employer's negligence. This is where a FELA lawyer can really assist. Congress passed FELA (1908). The law states that a railroad carrier is accountable for injuries or death of their employees. However, this is only when the incident occurred in the course of the employee's job and resulted from the carrier's negligence. 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 responsibility for employers across all industries. Generally speaking, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. As a result, it is essential to understand the differences between the two laws to decide which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA. Purpose In general, employers are accountable to ensure the security of their employees at work. This is particularly relevant for those who work in highly risky fields like construction and utilities. In certain instances however, an employer's negligence can result in an employee being injured or even dying. Employers in these fields must adhere to stricter safety regulations. If someone is injured while working, they deserve to be paid for their medical expenses and lost earnings. While workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, also referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injuries were resulted from the negligence of their employer. In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. The law 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 also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory. In general an injured worker must demonstrate the following three elements to be awarded compensation under FELA: Scope Railroad employees enjoy an unique work environment that is characterized by the risk of its own. If they get injured at work they are entitled to the right to sue their employer under a Federal statute known as The Federal Employers? Liability Act, U.S.C. 51 et seq. This law is not just crucial to protect workers, it also sets high standards for employers must follow. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of work; (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 was a factor in the causing of the injury. While a lot of injuries are covered under either workers compensation or FELA certain cases could fall under both. The two laws differ in several ways, and a knowledgeable lawyer can help you decide which one is best suited to your needs. Understanding these differences will save you money and time and also avoid confusion. Limitations Employers are accountable for the safety and well-being of their employees. Certain industries and professions carry higher chance of injuries. This is why these employers are held to a more strict level of safety guidelines. Workers in high-risk fields like utilities and construction for instance, are usually covered under worker's compensation law. These state-specific laws provide compensation to workers injured on the job. The same is true for railroad workers. covered under federal law known as the Federal Employers' Liability Act (FELA codified in 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 their employer's negligence or in violation of federal safety laws. In contrast to state workers' compensation laws, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers demonstrate that their employer's negligence was the reason for their injuries. FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to an appeal to a jury. In a case that is a jury the jury must decide that the railroad was responsible for the injuries sustained by an injured employee or death. This conclusion must be based on the evidence presented in the case, including that the railroad was negligent in failing to fulfill the proper care for its workers, and that the railroad's negligence caused or contributed to causing the injury or death. The jury must also find the railroad in breach of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will then decide the amount at which the plaintiff has to be held accountable. It could reduce the amount by the proportion that the plaintiff's negligence was responsible to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who sustained injuries while on the job. This law was different from the laws for workers' compensation in individual states and provided an opportunity for injured railroad workers could directly sue their employers. FELA establishes high standards for employers' responsibilities, and allows injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines, or even internationally. fela attorneys applies to railroads who own and maintain railway lines that are used by interstate railroads. It exempts railroad employees from state workers' compensation, and allows them to seek damages if they are injured while at work due to a violation or negligence by their employer. To succeed in a lawsuit under FELA the injured railroad worker must prove that their employer has violated the act and that the breach caused or caused their death or injury. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may decide to require a jury to consider the case of a FELA claim. To win a FELA lawsuit the employee must prove that the railroad was responsible for their injury or death. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment or training, or because of a violation of a safety law such as the Boiler Inspection Act. If the jury is found to be that a plaintiff is the winner the railroad must compensate the damages awarded. Before they begin deliberations, the jury has to be fully informed about the law.