The federal employers’ Employers? Liability Act Protects Railroad Workers

The industry of railroads is growing, and so are the risks of getting injured at work. Railroad workers aren't covered by the state-run workers' compensation systems. They are protected under a federal law from employer negligence.

This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here is what you should know about the Federal Employers.

Definition

Railroad workers face unique safety challenges. To avoid accidents that result from work, railroad employees are held to a higher standard. A worker's injury during work can have devastating consequences for their life. Luckily, there are laws to protect workers and ensure they receive the compensation they are due.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from the regular workers' compensation, which protects state workers in other industries. As opposed to workers compensation, FELA claims must be proved by proving an employer's negligence. This is where a FELA lawyer can be of great help.

Congress approved FELA in 1908. The law says that railroad carriers can be held liable for the death or injury of an employee. However, this is only when the incident occurred in the course of the employee's employment and stemmed from the negligence of the carrier. This could include the failure to provide the proper safety equipment, training, and procedures or infractions of the Safety Appliance Act.

The law was passed to protect railroad workers, however it also establishes high standards of liability for employers in all sectors. Judges are not typically able to think of workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. Therefore, it is essential to understand the distinctions between these two laws, so that you can choose which one is best for your case. The Lanier Law Firm is experienced in representing railroad workers and can help you file an action under FELA.

Purpose

As a rule employers are responsible to ensure their employees are safe at work. This is especially applicable to workers in high-risk sectors such as construction and utilities. In certain instances however, an employer's negligence can result in an employee being injured or even dying. For this reason, employers in these industries are held to stricter safety guidelines. When an employee is injured while at work, they should be compensated for their medical expenses and loss of income.

Railroad workers are protected by federal laws, which differ from workers' compensation laws. These laws, also referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injury was resulted from the negligence of an employer.

In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for injuries suffered by them. It was not intended to provide railroad workers with full payment on a regular basis. Instead the law requires an injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from refusing to accept a claim due to contributory negligence.

As a general rule an injured worker must prove the following three things to be awarded damages under the FELA:

Scope

Railroad employees enjoy an unique work environment that comes with its own set of risks. If they get injured at work, they have an action right against their employer under a Federal statute known 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 high standards for employers must adhere to.

A Tennessee worker who seeks compensation under FELA is required to show four things: 1) the injury occurred within the scope of employment,) the employee acted within the course and scope of the duties he or she performed 3) the conduct at issue contributed to the employer's interstate transportation business, and four) the railroad was negligent.

Some cases may fall under both workers compensation and FELA. The two laws differ in several ways, and a seasoned attorney can help you determine which one is best suited to your requirements. Understanding these distinctions will help you save time and money and also avoid confusion.

Limitations

Employers across the country are responsible for keeping their employees safe and unharmed. However certain occupations and industries are more prone to injury than others. Thus, these employers are held to a more strict level of safety guidelines. For instance, employees in high-risk fields such as utilities and construction are usually covered by worker's compensation laws. These state-specific laws offer workers compensation if they are injured in the course of their job. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60).

In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to seek damages from employers resulting from their negligence or violation of federal safety laws. In contrast to the laws of state workers' compensation, FELA does not automatically award 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 are typically handled in federal courts and railroad workers who have been injured are entitled to have their cases ruled by jury. In a jury trial the jury will decide whether the railroad is responsible for the injury or death of an injured employee. This finding is based on the evidence that are presented in the case including that the railroad was negligent in failing to fulfill a reasonable duty of care for its employees and that the railroad's negligence caused, or contributed to cause the injury or death.

The jury must also find the railroad in violation of any 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 decide the amount at which the plaintiff must be held liable. It could reduce the amount by the percentage that the plaintiff's negligence was responsible to the injury or death.

Applicability

In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different than the workers' compensation laws in individual states and provided a system through which injured railroad workers could sue their employers directly. FELA establishes high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages.

FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that manage and own rail lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation, and gives them the ability to seek damages if they are injured at work due to a violation or negligence of their employer.

To win a lawsuit under FELA an injured railroad worker has to demonstrate that their employer has violated the law and that the violation caused or contributed the injury or death. The burden of the burden of proof in a FELA case is on the plaintiff and the court has the power to require a jury trial in an FELA claim.

In order to succeed in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their death or injury. They must prove that they were hurt or killed due to a railroad's negligence, failure to provide safety education and equipment, or a violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury decides in favor of a plaintiff the railroad must pay the damages awarded. Before they begin their deliberations, the jury must be fully informed about the law.