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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow, so too is the possibility of being injured on the job. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they have an unwritten law that protects them from employer negligence. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here's the information you should know about the Federal Employers. Definition Railroad workers face a distinct set of safety challenges while on the job. To prevent work-related accidents, railroad workers are held to the highest standards. A worker's injury on the job can have devastating effects on their life. Fortunately there are laws in place to protect workers and ensure that they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from the standard workers' compensation, which protects state workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of negligence or recklessness. A FELA attorney is a great resource. Congress approved FELA in 1908. The law says that railroad companies is liable for the death or injury of an employee. This is only the case when the incident occurred in the course and scope of the employee's job, and was caused by negligence on the part of the carrier. This could be due to the carrier's failure to provide adequate 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, however it also establishes high standards of responsibility for employers across all industries. In general, workers compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. Therefore, it is crucial to understand the differences between these two laws to choose which one is best for your situation. 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 required to ensure the security of their employees at work. This is especially true for workers who work in high-risk 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 sectors must follow stricter safety standards. If someone is injured while working and suffers a serious injury, they should be compensated for their medical bills and lost earnings. Workers' compensation laws cover many 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) will require workers to prove that their injury was the result of an employer's negligence. In fela railroad settlements , Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not intended to give railroad workers full payment on a regular basis. Instead, the law requires that a worker prove their injury was caused by the railroad's negligence. The law prohibits employers from refusing to accept a claim due to the negligence of a contributor. As a rule an injured worker must prove the following three things to be awarded damages under FELA: Scope Railroad workers face a variety of risks. If they are injured 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 pivotal law doesn't just protect workers, but also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must prove four things: 1) the injury occurred within the scope of employment, 2) the employee acted in the course and scope and the duties he or she performed, 3) the act in question was detrimental to the employer's interstate transport business and four) the railroad was negligent. Certain cases could fall under both workers compensation and FELA. Both laws differ in many ways. An experienced attorney can help determine which law is appropriate for your situation. Knowing these differences can save you time and money, as well as avoid unnecessary confusion. Limitations Employers are accountable for the safety and well-being of their employees. However certain jobs and industries pose a higher risk of injury than other. These employers are therefore subject to a higher level of safety standards. For example, workers in high-risk industries like utilities and construction are usually covered by worker's compensation laws. These state-specific laws offer workers compensation in the event that they are injured in the course of their work. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows injured railroad workers to seek damages from employers resulting from their negligence or violation of federal safety laws. Unlike the laws of state 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 handled in federal courts and railroad workers who are injured are entitled to have their cases ruled by a jury. In a case that is a jury, the jury must find that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion should be based upon the evidence that is presented in the case. It must include that the railroad failed to exercise a duty of care towards its employees, and that this negligence caused or caused the injury or death. Furthermore the jury must find that the railroad violated one or more of the laws set forth in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount for which the plaintiff has to be held accountable. It may reduce the amount by the proportion that negligence by the plaintiff contributed to or caused 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 different than the workers' compensation laws in individual states and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a means to claim damages if they are injured while working because of a violation of federal safety statutes or the negligence of their employer. To win a lawsuit under FELA an injured railroad worker 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 order a jury to hear a FELA claim. To be successful in a FELA claim, an employee must prove that the railroad caused or contributed to 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 in violation of a safety act such as the Boiler Inspection Act. If a jury decides to award 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 fully informed about the law.