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The Federal Employers? Liability Act Protects Railroad Workers
The railroad industry is expanding, and with it comes the risk of being injured while working. Railroad workers are not covered by state-run workers' compensation programs. Instead, they are protected by an unwritten 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 unique variety of safety concerns on the job. To avoid accidents that result from work, railroad employees are held to the highest standards. A worker's injury during work can have a devastating impact on their life. Fortunately there are laws that protect workers and ensure they receive the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the standard workers compensation, which covers state workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of negligence or carelessness. This is where a FELA lawyer can be of great help.
Congress passed FELA (1908). The law states that railroad companies can be held liable for the death or injury of an employee. However, this is only when the incident occurred in the course of the employee's work and resulted due to the negligence of the railroad company. This could include the insufficient safety equipment, training and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was enacted to protect railroad workers but it also creates high standards of accountability for employers in all sectors. Generally, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. Therefore, it is crucial to understand the distinctions between these two laws to decide which one is the best for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you with filing a claim for compensation under the FELA.
Purpose
As a general rule employers are accountable to ensure their employees are safe at work. This is especially relevant for those who work in areas that are high-risk 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 follow stricter safety standards. When a person gets injured while working they are entitled to be paid for their medical bills and lost income.
Railroad workers are protected under federal laws, which differ from the laws governing workers' compensation. These laws, known as the Federal Employers' Liability Act (FELA) will require a worker to prove their injury was the result of an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for their injuries. The law was not intended to provide railroad workers with full compensation. The law requires workers to prove that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence.
As a general rule, an injured worker must demonstrate the following three things to be awarded damages under the FELA:
Scope
Railroad workers are at risk in a unique way. 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, 45 U.S.C. 51 et seq. This law isn't just crucial to protect workers, it also sets standards that employers must follow.
A Tennessee worker who seeks compensation under FELA is required to show four things: 1) the injury occurred within the scope of employment, 2) the employee acted within the course and scope of the duties he or she performed, 3) the conduct at issue was detrimental to the employer's interstate transport business and 4) the railroad was negligent.
Many injuries are covered under either workers compensation or FELA certain cases could fall under both. The two laws differ in several ways, and a knowledgeable lawyer can help you decide which one is best suited to your needs. Understanding these differences will save you money and time and also to avoid confusion.
Limitations
Employers are responsible for the health and safety of their employees. Certain occupations and industries pose higher chance of injury. Therefore, those employers are held to a more strict standard of safety guidelines. For instance, workers in high-risk industries like construction and utilities are often protected by laws governing worker's compensation. These state-specific laws provide compensation to workers injured while working. 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 due to their negligence or in violation of federal safety laws. Unlike the state laws governing workers' compensation, FELA does not automatically give 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 railroad workers who have been injured are entitled to have their cases decided by juries. In a jury trial the jury must determine that the railroad is responsible for the death or injury of an employee who has been injured. This conclusion should be based upon the evidence provided in the case. It must include that the railroad did not exercise a duty of care to its workers and that the negligence caused the death or injury.
The jury must also find the railroad in violation of any one or more of the statutes mentioned in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount to which the plaintiff is held accountable. It may reduce the amount by the percentage that negligence by the plaintiff contributed to or caused the injury or death.
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 distinct from the laws governing workers' compensation of individual states, and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA sets high standards for employer responsibilities 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 also applies to railroads who have their own railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state laws on workers' compensation and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety regulations or the negligence of their employer.
In order to win a lawsuit under FELA railroad workers who have been injured must show that their employer acted in violation of that act and that this violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court may decide to require a jury to consider a FELA claim.
To win fela claims must demonstrate that the railroad was accountable for their injury or death. They must show that they were injured or killed as a result of the railroad's negligence or failure to provide safety equipment and/or training, or in violation of a safety rule such as the Boiler Inspection Act. If a jury awards damages to a plaintiff following a verdict, the railroad is responsible for paying the damages. The jury must be properly informed about the law prior to their deliberations.