The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to expand, so too is the possibility of getting injured at work. Railroad workers aren't covered by state-run workers' compensation programs. Instead, they have an unwritten law that protects them from negligence by employers.

Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to know about the Liability Act (FELA).

Definition

Railroad workers face unique safety challenges. In turn, they are required to meet higher standards when it comes to workplace-related injuries. When a worker is injured on the job, it can be extremely devastating and affect their entire life. Luckily there are laws that protect these workers and ensure that they receive the compensation they are due.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' comp, which protects workers in other sectors. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of negligence or inattention. This is where a FELA lawyer can really assist.

Congress adopted FELA in 1908. The law stipulates that railroad companies is liable for the death or injury of an employee. However, this is only when the incident occurred in the course of the employee's work and resulted from the negligence of the carrier. This includes failure to provide the proper safety equipment, training, and procedures, or violations of the Safety Appliance Act.

The law was passed to protect railroad workers, but it also creates high standards of liability for employers in all industries. Generally speaking, workers' compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. It is essential to be aware of the differences between these laws to determine which one is the best for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can help you file claims under FELA.

Purpose

In general, employers are required to ensure the safety of their employees at work. This is particularly applicable to workers in high-risk fields such as construction or utilities. In certain cases an employer's negligence could lead to a worker being injured or even dying. For this reason, employers in these industries are required to adhere to stricter safety guidelines. If an employee is injured at work, they must be compensated for medical expenses and lost income.

While the laws on workers' compensation cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA) requires a worker to prove their injury was the result of an employer's negligence.

In 1908, Congress passed fela federal employers liability act in order to ensure that railroad employees would receive compensation for their injuries. The law was not meant to provide railroad workers with complete compensation. Instead, the law requires that a worker prove their injury was caused by the railroad's negligence. The law prohibits employers from denying a claim that is based on the negligence of a contributor.

In general, an injured worker must demonstrate the following three elements to be awarded compensation under FELA:

Scope

Railroad workers face a variety of risks. If they are injured at work, they could 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 for protecting workers, but also sets high standards for employers must meet.

A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of work; (2) the employee was acting within the course and of the scope of his duties; (3) the conduct in question was in furtherance of the employer's interstate transportation business and (4) the railroad was negligent and was a factor in the causing of the injury.

Certain cases could fall under both workers compensation and FELA. Both laws differ in numerous ways. An experienced lawyer can help you determine which law is appropriate for your situation. Understanding these distinctions will save you money and time, as well avoid unnecessary confusion.

Limitations

Employers are responsible for ensuring the health and safety of their employees. However, certain industries and jobs pose a higher risk of injury than others. Therefore, those employers are held to a more strict level of safety guidelines. For example, workers in high-risk fields such as construction and utilities are often covered under worker's compensation laws. These state-specific laws offer the right to compensation for workers injured while working. Similarly, railroad workers are covered by federal employers’ law known as the Federal Employers' Liability Act (FELA codified at 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 their employer's negligence or in violation of federal safety regulations. Contrary to state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. Instead it requires railroad workers injured 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 decided by a jury. In a jury case the jury must decide that the railroad was liable for the injury or death of an employee or death. The verdict must be based on evidence presented in the case, which include that the railroad was negligent in failing to fulfill a reasonable duty of care for its employees and that the railroad's negligence led to or contributed to the cause of, the injury or death.

The jury must also find the railroad in violation of any one or more statutes listed in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages that the plaintiff is liable and may also reduce the amount of the award by the proportion of the plaintiff's negligence caused or 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 directly sue their employers. FELA sets high standards for the duties of employers and allows injured railroad workers to claim damages in the event of injuries.

FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad workers are exempted from the state's workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety laws or due to the negligence of their employer.

To prevail in a lawsuit brought under FELA railroad workers who have been injured has to demonstrate that their employer has violated the law and that this violation caused or contributed the injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court may decide to require a jury to consider a FELA claim.

To prevail in a FELA lawsuit the employee must demonstrate that the railroad was at fault for their death or injury. They must prove that they were injured or killed as a result of the railroad's negligence or failure to provide safety equipment and/or training, or a violation of a safety rule such as the Boiler Inspection Act. If a jury decides to award damages to a plaintiff in an award, the railroad is responsible for the payment of the damages. The jury must be properly informed about the law prior to beginning deliberations.