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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry grows, so too is the possibility of being injured at work. Railroad workers are not covered by the state-run workers' compensation systems. Instead, they are protected by a federal law that protects them from negligence by employers.
This law, which is federal, is referred to 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 challenges on the job. This is why they are held to higher standards in regards to work-related injuries. A worker's injury during work can have devastating consequences for their lives. Fortunately there are laws in place to protect these workers and make sure they receive the compensation they require.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation which protects workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or inattention. This is where a FELA lawyer can really help.
Congress passed FELA (1908). The law stipulates that railroad carriers can be held liable for the death or injury of an employee. However, this only applies if the accident occurred while during the employee's work and resulted from the carrier's negligence. This includes the failure to provide sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act.
Despite the fact that the law was enacted in order to provide protection to railroad workers, it also sets high liability standards for employers in all industries. Judges do not generally consider workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. It is essential to be aware of the distinctions between these laws in order to decide which is appropriate for your situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you with filing a claim for compensation under the FELA.
Purpose
In general employers are accountable for ensuring their employees' safety at work. This is particularly relevant for those who work in areas that are high-risk like construction and utilities. In some instances however, an employer's negligence can result in a worker getting hurt or even dying. For this reason, employers in these fields are required to adhere to stricter safety standards. If someone is injured while working they are entitled to be paid for their medical bills and lost income.
Workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA will require that a person prove that their injury was resulted from an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. The law was not meant to provide railroad workers with complete compensation. The law requires workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from refusing to accept a claim based on contributory negligence.
In general, an injured worker has to show three things to be eligible for compensation under the FELA.
Scope
Railroad workers face a variety of risks. When they are injured on the job they are entitled to 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 only important to protect workers, but also sets standards that employers must follow.
A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of the employee's job; (2) the employee was acting within the scope and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transportation business and (4) the railroad was negligent and its negligence was a factor in the causing of the injury.
While a lot of injuries fall under either workers compensation or FELA laws, some cases may involve both. The two laws differ in a variety of ways, and a knowledgeable lawyer can assist you in determining which one is best suited to your requirements. Understanding these distinctions will save you money and time as well as to avoid confusion.
Limitations
Employers are responsible for the safety and well-being of their employees. However certain jobs and industries have a higher risk of injury than others. Thus, these employers are held to a stricter standard of safety standards. fela railroad settlements in high-risk industries like construction and utilities, for example, are often covered under worker's compensation law. These state-specific laws provide workers compensation in the event that they are injured in the course of their employment. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60).
In 1908, Congress passed the FELA. This law permits railroad workers injured by injuries to sue employers for damages due to their negligence or in violation of federal safety laws. In contrast to the state laws governing workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead it requires injured railroad workers to show that their employer was "legally negligent" in causing their injuries.
FELA claims will be handled in federal courts and railroad employees who have been injured are entitled to a jury trial. In a case that is a jury the jury has to decide that the railroad was liable for the injuries sustained by an injured employee or death. This conclusion must be based on proofs that are presented in the case for example, that the railroad was negligent in failing to exercise a reasonable duty of care for its workers and that the railroad's negligence led to, or contributed to cause the injury or death.
Additionally the jury must find that the railroad did not comply with one or more of the laws stipulated 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 that the plaintiff is accountable and may also reduce the amount of the award by the percentage of the plaintiff's negligence that caused or contributed to the death or injury.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite. This law was different from the workers' compensation laws of each state, and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for employer responsibilities and allows railroad workers who have been injured to seek compensation in the event of injury.
FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads who own and maintain railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state workers' compensation laws and provides a mechanism for claiming damages when they are injured on the job because of a violation to federal safety laws or the negligence of their employer.
In order to win a lawsuit under FELA railroad workers who have been injured must prove that their employer violated that act and that this violation caused or contributed their injury or death. The burden of proof in a FELA case lies with the plaintiff and the court has the power to order a jury trial for an FELA claim.
To win a FELA lawsuit the employee must prove that the railroad was at fault for their injury or death. They must prove that they were hurt or killed due to the negligence of the railroad, its failure to provide safety training and equipment, or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides in favor of a plaintiff the railroad must compensate the damages that were awarded. Before they begin deliberations, the jury should be informed of the law.