The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to expand, so too does the risk of being injured on the job. Railroad workers aren't covered by state-run workers' compensation programs. They are protected under a 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 while on the job. To prevent work-related accidents, railroad workers are held to a higher standard. If a worker gets injured on the job, it can be extremely devastating and impact their entire life. Fortunately, there are laws that protect these workers and ensure they get the compensation they deserve.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from traditional workers' compensation which covers workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or carelessness. A FELA attorney can be a great resource.

Congress adopted FELA (1908). The law states that railroad carriers can be held accountable for the death or injury of an employee. This is only the case when the incident occurred in the context of the employee's work and was caused by negligence on the part of the carrier. This could include the failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act.

The law was enacted to protect railroad workers but it also establishes high standards of liability for employers in all sectors. In general, workers' compensation and FELA are not viewed as the same by judges, but this is changing as more cases are filed under the FELA. It is important to understand the distinctions between these laws in order to determine which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can help you file an action under FELA.

Purpose

As a general rule employers are accountable for ensuring their employees' safety at work. This is particularly applicable to workers in high-risk sectors such as utilities and construction. In certain instances, an employer’s negligence can cause a worker to be injured or even dying. This is why employers in these industries are required to adhere to more stringent safety standards. If a worker is injured on the job, they deserve to be paid for their medical expenses and lost income.

While the laws on workers' compensation apply to a wide range of workers in the United States, AccidentInjuryLawyers there are particular 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 resulted from the negligence of an employer.

In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. It was not designed to give railroad workers full compensation automatically. Instead, the law requires that the injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from denial of a claim that is due to contributory negligence.

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

Scope

Railroad employees are in an unique work environment that comes with its own set of hazards. If they get injured 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 is not just essential to protect workers, it also sets high standards for employers must meet.

A Tennessee worker seeking compensation under FELA must prove four things: 1)) the injury occurred within the scope of employment, 2) the employee acted within the course and scope and the duties he or she performed 3) the act in question furthered the employer's interstate transportation business, and 4) the railroad was negligent.

Some cases may be covered under both workers compensation and FELA. Both laws differ in numerous ways. An experienced lawyer can assist you in determining the best law for your situation. Understanding these distinctions can save your time and money, as well as avoid unnecessary confusion.

Limitations

Employers across the nation are responsible for keeping their employees protected and safe. Certain industries and occupations pose higher chance of injury. Thus, these employers are held to a more strict 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 offer compensation to workers who are injured while working. Similarly, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA, codified at 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 caused by their negligence or violation of federal safety laws. Contrary to the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to demonstrate that their employer's negligence was the reason for 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 jury trial the jury has to decide that the railroad was liable for an injured employee's injury or death. The conclusion must be based on the evidence that is presented in the case. It must be based on the fact that the railroad did not uphold a duty of respect to its workers and that negligence caused the death or injury.

Moreover the jury must determine that the railroad has violated one or more of the statutes set forth 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 it may reduce the amount of the award by the percentage of the plaintiff's negligence that caused or contributed to the injury or death.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who suffered injuries on the job. This law was distinct from the workers' compensation laws of individual states, and created a system in which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations and allows injured railroad employees to recover damages.

FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad employees are not covered by state workers' compensation, and provides a way to claim damages if they are injured while at work as a result of a violation or AccidentInjuryLawyers negligence by their employer.

To be successful in a lawsuit filed under FELA an injured railroad worker must prove that their employer has violated the law and that the violation led to or contributed to their death or AccidentInjuryLawyers injury. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court can order a jury to hear a FELA claim.

In order to succeed in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their injury or death. They must show that they were hurt or killed due to a railroad's negligence, inability to provide safety training and equipment, or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff, the railroad must pay the damages awarded. The jury must be properly instructed about the law before they begin deliberations.