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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and so are the risks of getting injured on the job. Railroad workers are not covered by the state-run workers' compensation systems. Instead, they have a federal law that shields them from negligence by employers. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here's what you must know about the Financial Liability Act (FELA). Definition Railroad workers face unique safety challenges. In order to prevent accidents that result from work, railroad employees are held to an elevated standard. When a worker is injured while working, it can be extremely devastating and affect their entire life. Fortunately there are laws to protect workers and make sure 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 protects state workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or carelessness. This is where a FELA lawyer can be of great help. Congress adopted FELA in 1908. The law states that railroad carriers are liable for an injury or death of their employees. However, this only applies in the event that the accident occurred in the course of the employee's work and resulted from the carrier's negligence. This includes the failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act. The law was passed to protect railroad workers but it also establishes high standards of accountability for employers in all sectors. Judges are not typically able to consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. It is essential to be aware of the distinctions between these laws in order to decide which is appropriate for your particular situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file a claim under 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 areas that are high-risk such as construction or utilities. In some cases, however, an employer's negligence could result in workers being injured or even dying. Employers in these fields must adhere to more stringent safety rules. If an employee is injured at work, they should be compensated for medical expenses and loss of income. Workers' compensation laws protect many workers in the United States, there are special federal laws that protect railroad workers. These laws, also referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injuries were caused due to the negligence of an employer. In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. The law was not intended to provide railroad workers with full compensation on the spot. Instead the law requires the injured worker prove that their injury was caused by railroad's negligence. The law also prohibits employers from denying an employee's claim on the ground of contributory negligence. As a rule an injured worker must demonstrate the following three things to be awarded compensation under FELA: Scope Railroad workers face unique risks. If they suffer injuries while working they may have an action right against their employer under a Federal statute known as The Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just essential for protecting workers, but also sets high standards for employers must follow. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of the employee's job; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business and (4) the railroad was negligent and played some part in causing the injury. Certain cases could be covered under both workers compensation and FELA. The two laws differ in many ways, and a knowledgeable lawyer can assist you in determining which one is best suited to your requirements. Understanding the differences can save you money and time as well as to avoid confusion. Limitations Employers are responsible for the security and well-being of their employees. However, certain industries and jobs pose a higher risk of injury than others. They are thus required to meet a higher standard of safety guidelines. Workers in high-risk fields like construction and utilities, for instance, are usually covered under worker's compensation law. State-specific laws give workers compensation if they are injured in the course of their employment. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows injured railroad workers to claim damages against employers caused by their negligence or violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award full compensation to railroad workers who have been injured. Instead, it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims are usually handled in federal courts and railroad workers who have been injured are entitled to have their cases ruled by jury. In a trial that is a jury, the jury must determine that the railroad is responsible for the injury or death of an employee who has been injured. This conclusion must be based upon the evidence provided in the case. It must include that the railroad failed to perform a duty of care to its workers, and that this negligence contributed to the death or injury. The jury must also find that the railroad is in breach of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then decide the amount at which the plaintiff has to be held accountable. It 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 ensure the safety of railroad workers injured on the worksite. This law was distinct from the laws on workers' compensation of the individual states and established a system by which railroad workers who were injured could directly sue their employers. FELA sets high standards for employers' obligations and allows injured railroad employees to recover damages. 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. Railroad employees are exempt from state workers' compensation, and gives them the ability to seek damages if they suffer injuries at work due to a violation or negligence by their employer. To be successful in a lawsuit brought under FELA the injured railroad worker must show that their employer violated the act 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. railroad injury fela lawyer may decide to decide to have a jury hear the FELA claim. To be successful in a FELA claim an employee must show 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 a violation of a safety act like the Boiler Inspection Act. If the jury finds that a plaintiff is the winner, the railroad must pay the damages awarded. The jury must be properly educated on the law before they begin deliberations.