The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to grow as is the possibility of being injured on the job. As opposed to other types of employees railroad workers don't have access to the state-run worker's compensation systems. They are protected by a Federal Employers’ liability law against employer negligence.

Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to know about the Liability Act (FELA).

Definition

Railroad workers face a unique variety of safety concerns when working. This is why they are required to meet higher standards in regards to injuries that are related to work. If a worker is injured while working it can be devastating and affect their entire life. Luckily there are laws that protect these workers and ensure they receive the compensation they deserve.

The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from regular workers' compensation, which covers state workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or inattention. This is where a FELA lawyer can really assist.

Congress approved FELA in 1908. The law says that a railroad carrier is liable for the injury or death of an employee. However, this is only when the incident occurred in the course of the employee's work and resulted from the negligence of the carrier. This includes failure to provide adequate 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 passed to offer protection to railroad workers, it also establishes high liability standards for employers in all industries. Generally speaking, workers compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are filed under the FELA. This is why it is important to know the differences between the two laws, so that you can determine which one is suitable for your situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file a claim under FELA.

Purpose

In general, employers are responsible to ensure their employees are safe at work. This is especially relevant for workers in high-risk industries such as construction and utilities. In some instances the employer's negligence could result in workers being injured or even dying. Employers in these fields must follow stricter safety regulations. If someone is injured on the job and suffers a serious injury, they should be paid for their medical expenses and lost income.

While 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), require workers to prove that their injury was the result of an 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 give railroad workers full compensation automatically. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is based on contributory negligence.

In general an injured worker must to prove three things in order to be entitled to compensation under the FELA.

Scope

Railroad workers are at risk in a unique way. When they are injured while working they may have the right to sue their employer under a Federal statute known 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 elements: (1) the injury occurred within the scope of employment; (2) the employee was acting within the scope and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transportation business and (4) the railroad was negligent and played some part in causing the injury.

Many injuries are covered under either workers compensation or FELA laws Some cases may require both. Both laws are different in many ways. An experienced lawyer can help you determine which law is best for your particular situation. Understanding these differences will save you time and money and also to avoid confusion.

Limitations

Employers are responsible for the health and safety of their employees. However, certain industries and jobs have a higher risk of injuries than others. They are thus subject to a higher level of safety guidelines. Workers in high-risk fields such as utilities and construction, for instance, are typically covered under worker's compensation law. These state-specific laws offer compensation to workers injured while working. Similarly, railroad workers are protected by federal employers’ 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 in the line of duty to sue their employers for damages caused due to their employer's negligence or violation of federal safety regulations. Contrary to the laws of state workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. It requires injured railroad workers demonstrate that negligence by their employers was the cause of their injuries.

FELA claims will be handled in federal courts and railroad workers who are injured are entitled to an appeal to a jury. In a jury trial, the jury will decide whether the railroad is liable for the injury or death of an injured employee. The conclusion must be based upon the evidence provided in the case. It must be based on the fact that the railroad did not exercise a duty of care to its workers and that the negligence caused or contributed to the death or injury.

The jury must also find the railroad in breach of one or more statutes listed 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 of damages that the plaintiff is liable, and it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the death or injury.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who had suffered injuries while on the job. This law was different than 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' obligations and allows injured railroad workers to seek damages.

FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad employees are not covered by state workers' compensation, and allows them to seek damages if they are injured at work as a result of a violation or negligence of their employer.

To succeed in a lawsuit filed under FELA the injured railroad worker must prove that their employer has violated the law and that the violation caused or caused their injury or death. The burden of proof in a fela railroad case is on the plaintiff and the court has the authority to require a jury trial for a FELA claim.

To prevail in a FELA lawsuit the employee must show that the railroad was responsible for their injury or death. They must prove that they were hurt or killed as a result of a railroad's negligence, inability to provide safety training and equipment, or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff following a verdict the railroad is accountable for the payment of the damages. The jury must be properly instructed about the law before they begin deliberations.