Avoid Making This Fatal Mistake You're Using Your Federal Employers
The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and with it comes the risk of injury while working. Unlike other types of workers, railroad workers do not have access to state-run worker's compensation systems. They are protected under 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 unique set of safety issues on the job. To avoid accidents at work, railroad workers are held to the highest standards. When a worker is injured while working, it can be extremely devastating and impact their entire life. Fortunately there are laws in place to protect workers and ensure that they get the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA is different from the regular workers' compensation, which protects state workers in other sectors. Contrary to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or inattention. A FELA attorney can be of great assistance.
Congress passed FELA (1908). The law stipulates that a railroad carrier is liable for the injury or death of an employee. This liability only applies in the event that the incident occurred within the course and scope of the employee's duties and was caused by the carrier's negligence. This includes the failure to provide adequate safety equipment, training, and procedures or violations of the Safety Appliance Act.
railroad injury fela lawyer was enacted to protect railroad workers, however it also sets high standards of accountability for employers in all sectors. Judges do not generally consider workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. As a result, it is important to know the differences between the two laws to determine which one is suitable 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 responsible for ensuring their employees' safety at work. This is particularly relevant for workers in high-risk industries, like construction and utilities. In certain instances however, an negligent employer can lead to an employee being injured or even dying. Employers in these sectors must adhere to stricter safety regulations. When a person gets injured while working they are entitled to be compensated for their medical expenses and lost income.
While the laws on workers' compensation apply to a wide range of workers in the United States, there are particular 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 the negligence of an employer.
In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. It was not intended to give railroad workers full compensation automatically. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from refusing to accept a claim that is based on the contributory negligence.
In general an injured worker must demonstrate the following three elements to be awarded compensation under FELA:
Scope
Railroad employees are in an environment of work that comes with the risk of its own. If they suffer injuries at work, they can sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers but sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of employment; (2) the employee was acting within the scope and of their duties; (3) the conduct was in the interest of the employer?s interstate transportation business and (4) the railroad was negligent and played some part in causing the injury.
While a lot of injuries are covered under either workers' compensation or FELA certain cases could fall under both. Both laws differ in various ways. An experienced lawyer can help you determine the best law for your situation. Understanding the differences can save you time and money as well as to avoid confusion.
Limitations
Employers are responsible for the safety and well-being of their employees. Certain industries and occupations pose a greater risk of injuries. They are thus required to meet a higher standard of safety standards. Workers in high-risk fields like utilities and construction for instance, are typically protected under the law on worker's compensation. These state-specific laws offer workers compensation if they are injured in the course of their employment. Railroad workers are also covered under 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 claim damages against employers due to their negligence or violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. It requires injured railroad workers prove that their employer's negligence caused their injuries.
FELA claims are usually heard in federal court, and injured railroad workers are entitled to have their cases decided by a jury. In a case that is a jury the jury must decide that the railroad was liable for an injured employee's injury or death. This finding is based on the proofs that are presented in the case for example, that the railroad was negligent in not exercising a reasonable duty of care for its workers, and that the railroad's negligence led to or contributed to causing, the injury or death.
The jury must also find the railroad in breach of one or more statutes listed 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 at which the plaintiff is held liable. The jury may reduce the amount by a percentage that the plaintiff's negligence contributed to or caused the death or injury.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was distinct from the workers' compensation laws of the individual states and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA sets high standards for employers' obligations and allows injured railroad employees to recover damages.
FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. It exempts railroad workers from state laws on workers' compensation and provides a mechanism to claim damages if they are injured on the job due to a violation of federal safety laws or the negligence of their employer.
To succeed in a lawsuit brought under FELA an injured railroad worker must show that their employer has violated the law and that the violation caused or caused their death or injury. In a FELA lawsuit the burden of proof falls on the plaintiff. The court can require a jury to consider 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 death or injury. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment and training, or because of a violation of a safety act such as the Boiler Inspection Act. If the jury gives damages to a plaintiff after a verdict the railroad is accountable for the payment of the damages. The jury has to be properly instructed about the law before they begin deliberations.