The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry grows and expand, so is the chance of being injured at work. Railroad workers aren't covered by the state-run workers' compensation programs. Instead, they are protected by a federal law that shields them from negligence by employers.

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

Definition

Railroad workers face unique safety challenges. In turn, they are held to higher standards in regards to workplace-related injuries. An injury sustained by a worker on the job can have devastating consequences for their lives. Luckily there are laws that protect workers and ensure they receive the compensation they are due.

The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp, which covers workers in other industries. In contrast to workers' compensation, FELA claims must be proven by proving the employer's negligence. This is where a FELA lawyer can really assist.

Congress adopted FELA in 1908. The law says that railroad companies is liable for the injury or death of an employee. This liability is only applicable in the event that the incident occurred within the context of the employee's duties and was caused by the negligence of the railroad company. This includes failure to provide adequate safety equipment, training, or procedures or infractions of the Safety Appliance Act.

The law was enacted to protect railroad workers, however it also creates high standards of accountability for employers in all sectors. Judges generally do not consider workers' compensation and FELA to be the same thing, but this is changing as more FELA cases are filed. This is why it is important to know the distinctions between these two laws to choose which one is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing an action under FELA.

Purpose

As a rule employers are accountable to ensure their employees are safe at work. This is especially true for workers who work in highly risky fields, such as construction and utilities. In some cases however, an employer’s negligence can result in a worker being injured or even dying. Employers in these industries must adhere to more stringent safety standards. If an employee is injured at work, they must be compensated for their medical expenses as well as lost income.

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

In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. It was not intended to provide railroad workers with full compensation automatically. The law requires workers to demonstrate 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, an injured worker has to show three things to receive damages under the FELA.

Scope

Railroad workers face unique risks. If they are injured at work, they could sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just essential to protect workers, but also sets high standards for employers must meet.

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

Certain cases could be covered under both workers compensation and FELA. The two laws differ in several ways, and a seasoned attorney can help you determine which one best suits your needs. Understanding the differences can save you time and money, as well avoid unnecessary confusion.

Limitations

Employers are responsible for the health and safety of their employees. However, certain industries and jobs pose a higher risk of injury than other. Therefore, those employers are held to a stricter standard of safety standards. For instance, workers in high-risk sectors such as utilities and construction are usually covered under worker's compensation laws. These state-specific laws provide workers compensation if they are injured in the course of their employment. In the same way, 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 injured railroad workers to sue employers for damages caused by their negligence or violation of federal safety laws. Contrary to state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. Instead, it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.

FELA claims are generally considered in federal court, and injured railroad workers are entitled to have their cases heard by juries. In a jury trial the jury must decide if the railroad is liable for the death or injury of an employee who was injured. The conclusion must be based upon the evidence that is presented in the case. It must also include evidence that the railroad failed to exercise a duty of care towards its employees and that the negligence caused or caused the death or injury.

Furthermore the jury must find that the railroad did not comply with one or more of the statutes that are outlined 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 for which the plaintiff is responsible, and it may reduce the amount of the award by the proportion of the plaintiff's negligence caused or contributed to the death or injury.

Applicability

In 1908, Congress passed The federal employers’ (Read Articlescad)' Liability Act to protect railroad workers injured on the job. This law was distinct from the laws on workers' compensation of each state, and provided a system whereby railroad workers who were injured could directly sue their employers. FELA sets high standards for the duties of employers and allows railroad workers who have been injured to recover damages in cases of injury.

FELA is applicable to employees of railroads that operate across state lines or internationally. It is also applicable to railroads that own and maintain railway lines that are used by interstate railroads. Railroad employees are not covered by state workers' compensation, and gives them the ability to seek damages if they are injured at work due to a violation or negligence by their employer.

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

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