[email protected] – https://vimeo.com/708501432

The Federal Employers? Liability Act Protects Railroad WorkersAs the railroad industry continues to grow, so too is the chance of being injured at work. As opposed to other types of employees railroad workers do not have access to state-run workers’ compensation systems. They are protected under federal law against employer negligence.This federal law is known as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA).DefinitionRailroad workers face unique safety issues. As a result, they are expected to adhere to higher standards when it comes to workplace-related injuries. If a worker gets injured while working, it can be extremely devastating and impact their entire life. Fortunately there are laws that protect these workers and ensure that they receive the compensation they deserve.The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers’ compensation which covers workers in other sectors. Unlike workers’ compensation, FELA claims must be established by proving the negligence of the employer. A FELA attorney can be a great resource.Congress passed FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. However, this is only when the incident occurred during the employee’s job and resulted due to the negligence of the railroad company. This could be due to the carrier’s insufficient safety equipment, training and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.Despite the fact that the law was created in order to provide protection to railroad workers, it also sets strict liability requirements for employers in all industries. Judges are not typically able to consider workers’ compensation or FELA to be the same, however this is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws to decide which is appropriate for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA.PurposeAs a rule employers are accountable for ensuring their employees’ safety at work. This is especially relevant for employees in high-risk fields, like construction and utilities. In some instances, however, an employer’s negligence can result in workers being injured or even dying. Employers in these fields must follow stricter safety regulations. When a person gets injured while working they are entitled to be compensated for medical expenses and lost income.Workers’ compensation laws cover many workers in the United States, there are specific federal laws that protect railroad workers. These laws, referred to as the Federal Employers’ Liability Act (FELA), require the worker to prove that their injury was caused by the employer’s negligence.In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not intended to grant railroad workers complete compensation on the spot. The law requires workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from refusing to accept a claim due to the contributory negligence.As a general rule an injured worker must demonstrate the following three things in order to be awarded damages under FELA:ScopeRailroad workers face unique risks. If they suffer injuries at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn’t just designed to protect workers, but also sets high standards for employers to meet.A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the course of employment; (2) the employee was acting within the course and of their duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business and (4) the railroad was negligent and was a factor in the causing of the injury.Some cases might fall under both workers compensation and FELA. The two laws differ in many ways, and a seasoned attorney can help you determine which one best suits your needs. Understanding the differences can save you money and time, as well avoid confusion.LimitationsEmployers across the nation are responsible to ensure that their employees are protected and safe. Certain industries and professions carry a greater chance of injuries. These employers are therefore subject to a higher level of safety standards. The workers in high-risk industries such as utilities and construction, for instance, are usually protected under the law on worker’s compensation. fela law firm -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 at 45 U.S.C. 51-60).In 1908, Congress passed the FELA. This law allows injured railroad workers to claim damages against employers due to their negligence or a violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn’t automatically award the full amount of compensation to injured railroad workers. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries.FELA claims are usually heard in federal court and railroad workers who are injured are entitled to have their cases heard by juries. In a jury trial the jury has to decide that the railroad was liable for the injury or death of an employee or death. This conclusion must be based on the evidence presented in the case. It must include that the railroad did not perform a duty of care to its workers, and that this negligence caused or contributed to the injury or death.Furthermore, the jury must also 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 determine the amount of damages for which the plaintiff is liable and may also reduce the amount of the award by the percentage of the plaintiff’s negligence that caused or contributed to the injury or death.ApplicabilityIn 1908, Congress passed The Federal Employers’ Liability Act to ensure the safety of railroad workers injured on the worksite. This law was different from the workers’ compensation laws of each state, and established a system by which railroad workers injured in an accident could directly sue their employers. FELA sets 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 who manage and own railway lines that are used by interstate railroads. Railroad employees are exempt from state workers’ compensation, and allows them to claim damages in the event that they are injured while at work due to a violation or negligence of their employer.To succeed in a lawsuit filed under FELA an injured railroad worker must prove that their employer has violated the law and that the violation led to or contributed to their death or injury. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court can decide to have a jury hear the FELA claim.To be successful in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed due to the negligence of the railroad, its inability to provide safety training and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If a jury gives damages to a plaintiff following an award the railroad is accountable for the payment of the damages. The jury has to be properly instructed about the law prior to beginning deliberations.