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The Federal Employers? fela claims railroad employees Protects Railroad Workers As the railroad industry continues to grow and expand, so is the possibility of being injured while working. Railroad workers are not covered by 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). Definition Railroad workers face a distinct set of safety issues on the job. As a result, they are expected to adhere to higher standards in regards to injuries that are related to work. When a worker is injured on the job, it can be extremely devastating and have a negative impact on their life. Fortunately, there are laws to protect workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation, which protects state workers in other sectors. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or carelessness. A FELA attorney is a great resource. Congress passed FELA in 1908. The law stipulates that railroad carriers can be held accountable for the death or injury of an employee. This liability only applies when the incident occurred in the course and scope of the employee's work and was caused by the carrier's negligence. This includes the failure to provide sufficient safety equipment, training, and procedures or violations of the Safety Appliance Act. The law was enacted to protect railroad workers but it also creates high standards of accountability for employers in all industries. Judges do not generally consider workers' compensation and FELA to be the same thing, but this is changing as more FELA cases are filed. Therefore, it is essential to understand the differences between the two laws to choose which one is best for your situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the FELA. Purpose In general, employers are accountable to ensure the security of their employees at work. This is especially applicable to employees in high-risk fields such as utilities and construction. In certain instances an employer's negligence could result in a worker being injured or even dying. Employers in these industries must adhere to more stringent safety rules. If someone is injured while working, they deserve to be compensated for their medical bills and lost earnings. Workers' compensation laws cover 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 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 FELA in order to ensure that railroad employees would be compensated for injuries. The law was not intended to grant railroad workers complete compensation on the spot. The law requires that workers prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general the case of an injured worker, he or she must to be able to prove three things to be eligible for compensation under the FELA. Scope Railroad employees have an unique work environment that comes with its own set of risks. If they are injured while at work, they could sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just crucial to protect workers, but also sets high standards that employers must follow. A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting in the course and of the scope of his duties; (3) the conduct that was at issue was in the service of the employer?s interstate transportation business and (4) the railroad was negligent and its negligence caused the injury. While many injuries fall under either workers' compensation or FELA, some cases may involve both. Both laws are different in various ways. An experienced attorney can help determine which law is appropriate for your situation. Understanding these distinctions will save you money and time and also avoid confusion. Limitations Employers are accountable for the safety and well-being of their employees. However certain occupations and industries have a higher risk of injury than other. Employers are required to meet a higher standard of safety guidelines. The workers in high-risk industries like utilities and construction for instance, are typically protected under the law on worker's compensation. These state-specific laws provide workers compensation if they're injured during their work. The same is true for railroad workers. covered under federal law known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages incurred by negligence of their employers or in violation of federal safety regulations. In contrast to state workers' compensation laws, FELA does not automatically provide injured railroad workers with full compensation. Instead it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims are generally heard in federal court and railroad workers who have been injured are entitled to have their cases ruled by a jury. In a trial that is a jury, the jury must determine that the railroad is liable for the death or injury of an injured employee. This conclusion must be based on evidence that are presented in the case for example, that the railroad was negligent in failing to exercise the proper care for its employees and the negligence of the railroad caused or contributed to the cause of the injury or death. The jury must also find the railroad in violation of one or more of the statutes mentioned in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount at which the plaintiff must be held liable. It may reduce the amount by a percentage that negligence by the plaintiff contributed to the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the worksite. This law was different from the laws governing workers' compensation in the individual states and created a system through which injured railroad workers could sue their employers directly. FELA establishes high standards for employers' obligations and allows injured railroad workers to seek damages. FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain 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 as a result of a lapse or negligence by their employer. To prevail in a lawsuit brought under FELA railroad workers who have been injured must show that their employer acted in violation of that act and that this violation led to the injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court may decide to order a jury to hear a FELA claim. To win a FELA claim, an employee must prove that the railroad caused or contributed to their injury or death. They must show that they were hurt or killed due to a railroad's negligence, failure to provide safety education and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff after a verdict the railroad is accountable for paying the damages. Before beginning their deliberations, the jury should be informed of the law.