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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and with it, the chances of injury at work. In contrast to other types of workers, railroad workers do not have access to state-run workers' compensation systems. Instead, they have a federal law that shields them from negligence by employers. 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 unique safety challenges. In turn, they are held to higher standards when it comes to workplace-related injuries. If a worker is injured on the job it can be devastating and have a negative impact on their life. Thankfully there are laws to protect workers and ensure that they receive the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from the regular workers' compensation, which covers state workers in other industries. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or carelessness. A FELA attorney can be of great assistance. Congress approved FELA in 1908. The law stipulates that railroad carriers can be held liable for the injury or death of an employee. This liability only applies if the accident happened in the course and scope of the employee's work and was caused by the carrier's negligence. This could include the failure to provide the proper safety equipment, training, and procedures or infractions of the Safety Appliance Act. Despite the fact that the law was created to offer protection to railroad workers, it also sets strict liability requirements for all employers. Judges generally do not think of workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. It is important to understand the differences between these laws in order to determine which one is the best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in submitting a claim under the FELA. Purpose As a general rule employers are responsible for ensuring their employees' safety at work. This is especially applicable to workers in areas that are high-risk like construction and utilities. In some cases however, an employer's negligence can result in an employee being injured or even dying. Employers in these sectors must follow stricter safety rules. When a person gets injured on the job they are entitled to be paid for their medical bills and lost income. While workers' compensation laws apply to a wide range of workers in the United States, there are particular federal laws that protect railroad workers. These laws, also referred to as the Federal Employers' Liability Act or FELA, require a worker prove that their injury was resulted from the negligence of an employer. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not designed to provide railroad workers with full compensation. The law requires that workers demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory. In general the case of an injured worker, he or she must to prove three things in order to be eligible for compensation under the FELA. Scope Railroad workers face a variety of risks. When they are injured at work they are entitled to a cause of action against their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This crucial law doesn't only safeguard workers, it also sets high standards for employers to adhere to. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of employment; (2) the employee was acting in the course 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 its negligence played some part in causing the injury. While a lot of injuries fall under either workers compensation or FELA laws certain cases could fall under both. The two laws differ in many ways, and a seasoned lawyer can help you decide which one best suits your needs. Having fela railroad settlements of these distinctions will save your time and money, and also avoid unnecessary confusion. Limitations Employers are responsible for the safety and well-being of their employees. However certain jobs and industries pose a higher risk of injury than others. These employers are therefore held to a higher standard of safety standards. For instance, employees in high-risk sectors such as construction and utilities are often covered by worker's compensation laws. These state-specific laws offer workers compensation if they are injured in the course of their employment. Railroad workers are also covered by the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused by negligence of their employers or violation of federal safety laws. In contrast to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to demonstrate that negligence by their employers caused their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to a jury trial. In a trial that is a jury, the jury must determine that the railroad is accountable for the death or injury of an employee who was injured. This conclusion must be based upon the evidence presented in the case. It must also include evidence that the railroad failed to exercise a duty of care to its employees, and that this negligence led to or caused the death or injury. The jury must also find that the railroad is in violation of one or more statutes listed 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 accountable and may also reduce the amount of the award by the percentage of negligence by the plaintiff that caused or contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries while on the job. This law was distinct from the workers' compensation laws of each state, and created a system in which railroad workers injured in an accident could directly sue their employers. FELA sets high standards for employer responsibilities and allows injured railroad workers to seek compensation in the event of injuries. FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that operate and maintain railroad tracks that are used by other interstate railroads. Railroad employees are exempt from state workers' compensation, and allows them to claim damages in the event that they suffer injuries at work due to a violation or negligence by their employer. To win a lawsuit under FELA an injured railroad worker has to prove that their employer violated the law and that the violation led to or contributed to the injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court can order a jury to hear the case 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 death or injury. They must prove that they were hurt or killed because of the negligence of the railroad, its failure to provide safety education and equipment, or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If a jury decides to award damages to a plaintiff following a verdict the railroad is responsible for paying the damages. Before they begin their deliberations, the jury must be informed of the law.