The Federal Employers? Liability Act Protects Railroad Workers

The railroad industry is growing, and so are the risks of being injured while working. Railroad workers are not covered by state-run workers' compensation programs. They are protected under federal law against employer negligence.

This federal law is known as the Federal Employers? Liability Act (FELA). Here's the information you should know about the Federal Employers.

Definition

Railroad workers face unique safety challenges. This is why they are held to higher standards in regards to injuries that are related to work. If a worker gets injured on the job, it can be extremely devastating and affect their entire life. Fortunately, there are laws that protect these workers and ensure that they get the compensation they need.

The Federal Employers liability act fela Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp which is a type of insurance that covers workers in other sectors. Unlike workers' comp, FELA claims are fault-based and require the evidence of negligence or recklessness. This is where a FELA lawyer can really assist.

Congress approved FELA (1908). The law stipulates that a railroad carrier is responsible for any injury or death of their employees. This liability is only applicable if the accident happened in the scope and course of the employee's job, and was caused by the negligence of the railroad company. This could include the failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act.

The law was passed to protect railroad workers but it also creates high standards of accountability for employers in all sectors. In general, workers compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. This is why it is crucial to understand the differences between the two laws so you can choose which one is best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA.

Purpose

In general, employers are accountable to ensure the security of their employees at work. This is particularly true for workers who work in highly risky fields like construction and utilities. In certain instances, however, an employer's negligence can result in workers being injured or even dying. For this reason, employers in these fields are held to stricter safety guidelines. When an employee is injured at work, they must be compensated for their medical expenses and lost income.

While the laws on workers' compensation 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 a worker to prove their injury was caused by an employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad employees would be compensated for injuries. It was not designed to provide railroad workers with full compensation on the spot. The law requires railroad workers to prove 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 contributory negligence.

In general an injured worker must prove the following three things in order to be awarded compensation under FELA:

Scope

Railroad workers are at risk in a unique way. If they suffer injuries at work, they could sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just crucial for protecting workers, but also sets high standards that employers must meet.

A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of work; (2) the employee was acting within the scope and of their duties; (3) the conduct was in the interest of the employer's interstate transport business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury.

Certain cases could be covered under both workers' compensation and FELA. Both laws are different in various ways. An experienced lawyer can help you determine which law is appropriate for your particular situation. Understanding these distinctions will save you time and money, as well avoid confusion.

Limitations

Employers are responsible for the health and safety of their employees. However, certain industries and jobs are more prone to injuries than others. Therefore, those employers are held to a stricter level of safety guidelines. People working in high-risk areas like construction and utilities, for example, are often protected under the law on worker's compensation. These state-specific laws offer compensation to workers injured on the job. 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 injured railroad workers to sue their employers for damages caused by negligence of their employers or violation of federal safety regulations. Unlike the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires railroad workers who have been injured to prove that negligence by their employers was the reason for their injuries.

FELA claims will be considered in federal courts, and railroad workers who have been injured are entitled to an appeal to a jury. In a jury trial the jury has to decide that the railroad was responsible for the injury or death of an employee or death. This conclusion must be based upon the evidence presented in the case. It must also include evidence that the railroad did not uphold a duty of respect towards its employees and that negligence led to or contributed to the death or injury.

Furthermore the jury has to find that the railroad was in violation of one or more of the statutes that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount for which the plaintiff has to be held accountable. It may reduce the amount by a 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 worksite. This law was distinct from the laws for workers' compensation in each state and provided an avenue through which injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and allows injured railroad workers to recover damages in cases of injury.

FELA is applicable to railroad employees who work across state lines or even internationally. It is also applicable to railroads that own and maintain railroad lines that are utilized by interstate railroads. It exempts railroad workers from the state's workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation to Federal employers’ safety laws or due to the negligence of their employer.

To win a lawsuit under FELA an injured railroad worker has to demonstrate that their employer has violated that act and that this violation led to the injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to have a jury hear the FELA claim.

To win a FELA claim, an employee must prove that the railroad caused or contributed to their injuries or death. They must show that they were injured or killed because of the railroad's negligence, or inability to provide safety equipment and/or training, or because of a violation of a safety act such as the Boiler Inspection Act. If the jury decides that a plaintiff is the winner, the railroad must pay the damages that were awarded. The jury should be properly educated on the law before they begin deliberations.