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The Federal Employers? Liability Act Protects Railroad WorkersThe railroad industry is expanding, and with it, the chances of injury on the job. Railroad workers aren’t covered by the state-run workers’ compensation programs. They are protected under a federal law against employer negligence.This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).DefinitionRailroad workers face unique challenges in safety. In order to prevent work-related accidents, railroad workers are held to a higher standard. An injury sustained by a worker during work can have a devastating impact on their lives. Fortunately there are laws that protect workers and ensure they receive the compensation they are due.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. In contrast to workers’ compensation, FELA claims are fault-based and must be proven through the evidence of the employer’s negligence or carelessness. A FELA attorney can be a great resource.Congress adopted FELA in 1908. The law says that a railroad carrier is liable for the death or injury of an employee. However, this only applies in the event that the accident occurred during the employee’s work and resulted from the negligence of the carrier. This includes the failure to provide the proper safety equipment, training, or procedures or infractions of the Safety Appliance Act.The law was passed to protect railroad workers, but it also sets high standards of accountability for employers in all sectors. Judges do not generally think of workers’ compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. Therefore, it is crucial to understand the differences between these two laws to choose which one is best for your case. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you with filing a claim for compensation under the FELA.PurposeIn general, employers are responsible to ensure their employees are safe at work. This is especially applicable to employees in high-risk fields such as utilities and construction. In certain cases, an employer’s negligence can lead to a worker being injured or even dying. Employers in these industries must adhere to more stringent safety standards. When an employee is injured while at work, they must be compensated for medical expenses and lost income.Railroad workers are protected by federal laws that differ from the laws governing workers’ compensation. These laws, referred to as the Federal Employers’ Liability Act (FELA) will require a worker to prove their injury was caused by the employer’s negligence.In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. The law was not meant to provide railroad workers with complete compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from denial of a claim that is based on the contributory negligence.In general an injured worker must to prove three things in order to be entitled to compensation under the FELA.ScopeRailroad employees have an unique work environment that has its own set of risks. If they are injured at work, they may sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not only essential to protect workers, but also sets standards that employers must follow.A Tennessee worker who seeks 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 his or her duties 3) the act in question contributed to the employer’s interstate transportation business, and four) the railroad was negligent.Certain cases could fall under both workers’ compensation and FELA. The two laws differ in many ways, and a seasoned lawyer can help you decide which one is most suitable for your needs. Knowing these differences can save your time and money, as well as avoiding unnecessary confusion.LimitationsEmployers across the United States are accountable for keeping their employees protected and safe. However certain jobs and industries have a higher risk of injuries than others. They are thus held to a higher standard of safety guidelines. For instance, employees in high-risk industries like utilities and construction are typically protected by laws governing worker’s compensation. These state-specific laws provide workers compensation if they’re injured during their employment. 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 the FELA. This law permits injured railroad workers to sue employers for damages caused by their negligence or a violation of federal safety laws. Unlike the laws of state workers’ compensation, FELA does not automatically give injured railroad workers full compensation. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries.FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to an appeal to a jury. In a jury trial the jury has to decide that the railroad was responsible for an injured employee’s injury or death. The verdict must be based on the proofs that are presented in the case including that the railroad was negligent in not exercising a reasonable duty of care for its workers and that the railroad’s negligence caused, or contributed to cause the death or injury.Additionally the jury must determine that the railroad has violated one or more of the statutes 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 of damages that the plaintiff is responsible and may also reduce the amount of the award by the proportion of the plaintiff’s negligence caused or contributed to the death or injury.ApplicabilityIn 1908, Congress passed the Federal Employers’ Liability Act (FELA) to offer protection for railroad workers who sustained injuries 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 sets high standards for the duties of employers and allows railroad workers who have been injured to claim damages in the event of injuries.FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. Railroad employees are not covered by state workers’ compensation, and provides a way to claim damages in the event that they are injured at work due to a violation or negligence by their employer.To prevail in a lawsuit brought under FELA railroad workers who have been injured has to demonstrate that their employer has violated that act and that this violation led to their injury or death. The burden of proof in a FELA case rests with the plaintiff and the court has the power to order a trial by jury for the purpose of a FELA claim.To be fela railroad accident lawyer in a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must show that they were injured or killed as a result of the negligence of the railroad, its inability to provide safety training and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff the railroad must compensate the damages that were awarded. The jury must be properly educated on the law prior to their deliberations.