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The Federal Employers? Liability Act Protects Railroad WorkersThe industry of railroads is growing and so are the risks of being injured on the job. As opposed to other types of employees railroad workers don’t have access to state-run workers’ compensation systems. They are protected under a federal law from employer negligence.This federal law is referred to as the Federal Employers? Liability Act (FELA). Here’s what you need to know about it.DefinitionRailroad workers face a distinct set of safety challenges when working. To avoid work-related accidents, railroad workers are held to the highest standards. When a worker is injured on the job it can be devastating and have a negative impact on their 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 is different from the standard workers’ compensation, which covers state workers in other industries. Contrary to workers’ compensation, FELA claims are fault-based and have to be proved through the evidence of the employer’s negligence or carelessness. This is where a FELA lawyer can really help.Congress passed FELA in 1908. The law stipulates that a railroad carrier is accountable for injuries or death of their employees. This liability only applies when the incident occurred in the course and scope of the employee’s job, and was caused by the negligence of the railroad company. This includes the failure to provide adequate safety equipment, training, or 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 establishes strict liability requirements for all employers. In general, workers’ compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. Therefore, it is important to know the differences between the two laws so you can determine which one is suitable for your particular situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing a claim under FELA.PurposeAs a general rule employers are accountable for ensuring their employees’ safety at work. fela claims railroad employees is particularly relevant for workers in high-risk industries such as construction and utilities. In some instances however, an negligent employer can lead to a worker getting hurt or even dying. Employers in these industries must follow stricter safety regulations. If an employee gets injured while at work, they should be compensated for their medical expenses and loss of income.Railroad workers are protected under federal laws, which differ from workers’ compensation laws. These laws, also known as the Federal Employers’ Liability Act (FELA), require workers to prove that their injury was caused by the employer’s negligence.In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. The law was not designed to provide railroad workers with full compensation. The law requires railroad workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from denying a claim that is based on contributory negligence.As a general rule an injured worker must demonstrate the following three things to be awarded damages under the FELA:ScopeRailroad employees are in an unique work environment that is characterized by its own set of risks. If they are injured while at work, they can sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not just essential to protect workers, it also sets high standards that employers must follow.A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of the employee’s job; (2) the employee was acting within the scope and of the scope of his duties; (3) the conduct was in the interest of the employer’s interstate transport business; and (4) the railroad was negligent and played some part in causing the injury.While many injuries are covered under either workers compensation or FELA, some cases may involve both. Both laws are different in various ways. A knowledgeable attorney can help determine which law is appropriate for your particular situation. Understanding the differences can help you save time and money, as well avoid confusion.LimitationsEmployers across the United States are responsible to ensure that their employees are secure and free of harm. Certain industries and professions carry a greater chance of injury. Thus, these employers are held to a more strict standard of safety standards. Workers in high-risk fields such as utilities and construction, for example, are often protected under the law on worker’s compensation. These state-specific laws provide compensation to workers who are injured while working. The same is true for railroad workers. covered by 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 sue employers for damages due to their negligence or in violation of federal safety laws. Unlike state workers’ compensation laws, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to prove that negligence by their employers caused their injuries.FELA claims are generally heard in federal court, and injured railroad workers are entitled to have their cases decided by a jury. In a jury trial the jury will decide whether the railroad is responsible for the death or injury of an employee who has been injured. This finding is based on the proofs that are presented in the case for example, that the railroad was negligent in failing to exercise a reasonable duty of care for its employees and the negligence of the railroad caused or contributed to causing the injury or death.Moreover the jury has to 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 to which the plaintiff has to be accountable. It may reduce the amount by the proportion that negligence by the plaintiff contributed to the death or injury.ApplicabilityIn 1908, Congress passed The Federal Employers’ Liability Act to ensure the safety of railroad workers injured on the job. This law was different from the workers’ compensation laws in each state and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for employer responsibilities and allows injured railroad workers to seek compensation in the event of injury.FELA is applicable to railroad employees who operate across state lines or internationally. It is also applicable to railroads that own and maintain railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state laws on workers’ compensation and provides a mechanism 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 the injured railroad worker must prove that their employer violated the act and that the violation caused or caused their death or injury. The burden of evidence in a FELA case rests with the plaintiff, and the court has the authority to order a trial by jury for the purpose of a FELA claim.To be successful in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their injuries or death. They must show that they were hurt or killed due to the negligence of the railroad, its failure to provide safety training and equipment, or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides in favor of a plaintiff the railroad must compensate the damages that were awarded. Before they begin their deliberations, the jury should be informed of the law.