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The Federal Employers? Liability Act Protects Railroad Workers
The railroad industry is growing and with it comes the risk of injury at work. In contrast to other types of workers, railroad workers do not have access to state-run worker's compensation systems. Instead, they are protected by a federal law that shields them from employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here is what you need to know about it.
Definition
Railroad workers face a distinct set of safety issues while on the job. In turn, they are required to meet higher standards when it comes to workplace-related injuries. An injury sustained by a worker at work can have a devastating consequences for their life. Fortunately there are laws that protect workers and ensure that they get the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' comp which is a type of insurance that covers workers in other sectors. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or recklessness. A FELA attorney can be a great resource.
Congress approved FELA (1908). The law says that a railroad carrier is liable for the death or injury of an employee. However, this is only when the incident occurred in the course of the employee's employment and stemmed from the negligence of the carrier. fela lawsuits includes failure to provide sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act.
The law was passed to protect railroad workers, however it also establishes high standards of liability for employers in all sectors. Judges are not typically able to consider workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. This is why it is crucial to understand the differences between these two laws so you can determine which one is suitable for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing a claim under FELA.
Purpose
In general employers are accountable for keeping their employees safe at work. This is especially applicable to workers in high-risk sectors such as utilities and construction. In some instances however, an negligent employer can lead to a worker getting hurt or even dying. This is why employers in these fields are required to adhere to stricter safety guidelines. When an employee is injured while at work, they should be compensated for medical expenses as well as lost income.
While workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require a worker to prove their injury was caused by the employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not intended to provide railroad workers with complete compensation. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denying a claim based on the contributory negligence.
In general an injured worker must to prove three things in order to receive damages under the FELA.
Scope
Railroad employees enjoy a unique working environment that comes with its own set of hazards. If they suffer injuries 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 crucial law doesn't only protect workers but sets high standards for employers to follow.
A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of the employee's job; (2) the employee was acting within the course and of the scope of his 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 was a factor in the causing of the injury.
Many injuries are covered under either workers compensation or FELA certain cases could fall under both. Both laws differ in many ways. An experienced lawyer can help you determine which law is appropriate for your particular situation. Understanding these differences will save you time and money and also avoid confusion.
Limitations
Employers across the nation are responsible to ensure that their employees are safe and unharmed. Certain occupations and industries pose the highest chance of injury. These employers are therefore subject to a higher level of safety guidelines. Workers in high-risk fields like utilities and construction for example, are often covered under the law of worker's compensation. These state-specific laws provide workers compensation if they are injured in the course of their job. Railroad workers are also covered under the Federal Employers' Liability Act which is 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 resulting from their negligence or violation of federal safety laws. Unlike the laws of state workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.
FELA claims will be heard in federal courts, and railroad workers who are injured are entitled to trial by jury. In a trial that is a jury, the jury must decide if the railroad is liable for the injury or death of an injured employee. This conclusion must be based on the evidence presented in the case, which include that the railroad was negligent in failing to exercise a reasonable duty of care for its workers, and that the railroad's negligence caused or contributed to the cause of the injury or death.
The jury must also find the railroad in breach of one or more statutes in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount to which the plaintiff has to be accountable. It may reduce the amount by a percentage that negligence by the plaintiff contributed to or caused the death or injury.
Applicability
In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who suffered injuries while on the job. This law was different than the workers' compensation laws in the individual states and created an opportunity for injured railroad workers could sue their employers directly. FELA sets high standards for employers' obligations and allows injured railroad workers to seek damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that own and maintain railway lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation, and allows them to claim damages if they are injured while 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 the law and that the violation caused or contributed the injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court can order a jury to hear a FELA claim.
To prevail in a FELA lawsuit the employee must demonstrate that the railroad was accountable for their injuries 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 because of a violation of a safety act such as the Boiler Inspection Act. If the jury decides to award damages to a plaintiff after an award, the railroad is responsible for paying the damages. Before they begin their deliberations, the jury should be fully informed about the law.