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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding, and with it comes the risk of getting injured on the job. Railroad workers aren't covered by state-run workers' compensation systems. They are protected by federal law against employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). Here is the information you should know about the Federal Employers. Definition Railroad workers face unique safety issues. As a result, they are required to meet higher standards when it comes to injuries that are related to work. If a worker is injured on the job, it can be extremely devastating and have a negative impact on their life. Thankfully, there are laws that protect workers and make sure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA is different from the regular workers compensation, which covers state workers in other industries. As opposed to workers compensation, FELA claims must be proved by proving an negligence of the employer. A FELA attorney can be a great resource. Congress approved FELA (1908). The law states that a railroad carrier can be held accountable for the death or injury of an employee. However, this only applies when the incident occurred in the course of the employee's work and resulted from the carrier's negligence. This includes failure to provide adequate safety equipment, training, and procedures, or violations of the Safety Appliance Act. Despite the fact that the law was created in order to provide protection to railroad workers, it also sets high liability standards for employers in all industries. In general, workers compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are being filed under the FELA. As a result, it is important to know the differences between the two laws so you can choose which one is best for your case. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA. Purpose In general, employers are required to ensure the security of their employees at work. This is especially relevant for those who work in high-risk fields, such as construction and utilities. In some instances however, an employer's negligence could result in workers being injured or even dying. Employers in these fields must follow stricter safety rules. If someone is injured while working they are entitled to be paid for their medical expenses and lost income. While workers' compensation laws protect many workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require a worker to prove their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. The law was not meant to give railroad workers full compensation. Instead, the law 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, an injured worker has to prove three things in order to be eligible for compensation under the FELA. Scope Railroad employees have an unique work environment that has its own set of hazards. If they suffer injuries 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 sets high standards for employers to meet. A Tennessee worker who seeks compensation under FELA is required to show four things: 1)) the injury occurred within the scope of employment, 2) the employee acted in the course and scope of his or her duties, 3) the conduct at issue furthered the employer's interstate transportation business and four) the railroad was negligent. Some cases might fall under both workers compensation and FELA. Both laws differ in various ways. An experienced lawyer can help you determine the best law for your situation. Understanding these distinctions will save you time and money, and also avoid unnecessary confusion. Limitations Employers are responsible for ensuring the safety and well-being of their employees. However certain occupations and industries have a higher risk of injuries than others. Therefore, fela case settlements are held to a stricter standard of safety guidelines. Workers in high-risk fields like construction and utilities, for example, are often covered under worker's compensation law. These state-specific laws offer compensation to workers injured on the job. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA, codified at 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 in violation of federal safety statutes. Unlike the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. Instead it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be handled in federal courts and railroad workers who have been injured are entitled to trial by jury. In a jury trial the jury must decide if the railroad is accountable for the death or injury of an injured employee. This conclusion should be based on the evidence that is presented in the case. It must also include evidence that the railroad failed to exercise a duty of care towards its employees, and that this negligence caused or contributed to the injury or death. The jury must also find that the railroad is in violation of one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount for which the plaintiff is held accountable. The jury may reduce the amount by the proportion that negligence by the plaintiff contributed to or caused the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the job. This law was different from the workers' compensation laws of each state, and provided a system whereby injured railroad workers could directly sue their employers. FELA establishes 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 is also applicable to railroads that have their own railway lines that are used by interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows to claim damages if they are injured at work because of a violation of federal safety laws or the negligence of their employer. To succeed in a lawsuit filed under FELA an injured railroad worker must show that their employer has violated the act and that the violation caused or caused their injury or death. In a FELA lawsuit, the burden of proof is on the plaintiff. The court can require a jury to consider the FELA claim. To win a FELA claim, an employee must prove that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed because of the negligence of the railroad, its failure to provide safety education and equipment, or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides in favor of a plaintiff, the railroad must pay the damages awarded. Before they begin deliberations, the jury should be fully informed about the law.