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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and with it, the chances of getting injured while working. As opposed to other types of employees railroad workers don't have access to the state-run worker's compensation systems. They are protected by a federal law from employer negligence. 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 a unique set of safety issues on the job. To prevent accidents that result from work, railroad employees are held to the highest standards. When a worker is injured while working, it can be extremely devastating and have a negative impact on their life. Thankfully, there are laws that protect workers and ensure they receive the compensation they require. fela lawyer (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' comp, which protects workers in other sectors. In contrast to workers' compensation, FELA claims must be established by proving the employer's negligence. A FELA attorney can be a great resource. Congress approved FELA in 1908. The law says that a railroad carrier can be held liable for the death or injury of an employee. However, this only applies in the event that the accident occurred in the course of the employee's employment and stemmed from the carrier's negligence. This includes the failure to provide sufficient safety equipment, training, or procedures or violations of the Safety Appliance Act. Despite the fact that the law was created in order to provide protection to railroad workers, it also sets high-risk standards for employers in all industries. Generally speaking, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. It is essential to be aware of the differences between these laws in order to choose which is best for your specific 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 to ensure the security of their employees at work. This is especially applicable to workers in highly risky fields like construction and utilities. In some instances, however, an negligent employer can lead to an employee being injured or even dying. Employers in these fields must adhere to stricter safety rules. If a worker is injured while working they are entitled to be paid for their medical bills and lost earnings. Workers' compensation laws cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act or FELA requires that a worker to prove that their injury was resulted from an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not intended to give railroad workers full compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the ground of contributory negligence. In general, an injured worker has to show three things to be entitled to compensation under the FELA. Scope Railroad employees are in an unique work environment that comes with its own set of risks. When they are injured at work they may have the right to sue their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't 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 context of employment, 2) the employee acted within the course and scope of the duties he or she performed, 3) the conduct at issue furthered the employer's interstate transportation business, and four) the railroad was negligent. While a lot of injuries fall under either workers' compensation or FELA, some cases may involve both. Both laws differ in various ways. An experienced lawyer can help you determine which law is appropriate for your situation. Understanding these differences will save you time and money as well as to avoid confusion. Limitations Employers are accountable for the safety and well-being of their employees. Certain industries and occupations pose a greater risk of injury. These employers are therefore held to a higher standard of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are usually covered under the law of worker's compensation. State-specific laws give workers compensation in the event that they are injured during their job. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages caused by negligence of their employers or in violation of federal safety statutes. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. Instead, it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial, the jury must determine that the railroad is liable for the death or injury of an employee who has been injured. The conclusion must be based upon the evidence provided in the case. It must include that the railroad did not perform a duty of care towards its employees, and that this negligence caused the injury or death. The jury must also find that the railroad is in violation of any one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages that the plaintiff is responsible 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 (FELA) to offer protection for railroad workers who suffered injuries on the job. This law was different from the laws governing workers' compensation of the individual states and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for employer responsibilities and permits railroad workers injured to claim damages in the event of injury. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows for claiming damages when they are injured while working because of a violation of federal safety statutes or due to the negligence of their employer. To succeed in a lawsuit under FELA, an injured railroad worker must prove that their employer has violated the act and that the violation caused or caused their injury or death. The burden of evidence in a FELA case rests with the plaintiff and the court has the power to require a jury trial in the purpose of a FELA claim. To win a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must prove that they were injured or killed as a result of the negligence of the railroad, its failure to provide safety education and equipment, or in violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury is found to be in favor of a plaintiff the railroad must compensate the damages awarded. Before beginning their deliberations, the jury has to be properly informed about the law.