The Federal Employers? Liability Act Protects Railroad Workers

The industry of railroads is growing and with it comes the risk of injury on the job. Railroad workers aren't covered by the state-run workers' compensation programs. They are protected under a federal law against employer negligence.

Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here is the information you need to know about it.

Definition

Railroad workers face a unique set of safety issues on the job. This is why they are held to higher standards in regards to work-related injuries. A worker's injury at work can have a devastating consequences for their lives. Fortunately there are laws that protect these workers and ensure they receive the compensation they are due.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA is different from regular workers' compensation, which protects state workers in other sectors. In contrast to workers' compensation, FELA claims must be proved by proving an employer's negligence. A fela settlements attorney can be a great resource.

Congress passed FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. This is only the case if the accident happened in the context of the employee's job, and was caused by negligence on the part of the carrier. This includes the failure to provide adequate safety equipment, training, or procedures or infractions of the Safety Appliance Act.

Despite the fact that the law was created in order to provide protection to railroad workers, it also establishes high liability standards for all employers. 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. This is why it is important to know the differences between the two laws so you can choose which one is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing an action under FELA.

Purpose

In general, employers are accountable to ensure the safety of their employees at work. This is especially true for workers in high-risk sectors such as utilities and construction. In certain cases an employer's negligence could result in a worker being injured or even dying. Employers in these sectors must follow stricter safety standards. If a worker is injured on the job and suffers a serious injury, they should be compensated for their medical expenses and lost earnings.

Workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA) requires the worker to prove that their injury was the result of an employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not meant to give railroad workers full compensation. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denial of 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 workers face unique risks. When they are injured at work, they have an action right against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just essential to protect workers, but also sets high standards for employers must meet.

A Tennessee worker who seeks 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 his or her duties, 3) the act in question was detrimental to the employer's interstate transport business, and 4) the railroad was negligent.

Certain cases could fall under both workers' compensation and FELA. The two laws differ in several ways, and a seasoned attorney can help you determine which one is best suited to your needs. Knowing these distinctions can save you time and money as well as avoiding unnecessary confusion.

Limitations

Employers across the nation are responsible for keeping their employees protected and safe. However, certain industries and jobs pose a higher risk of injuries than others. Employers are subject to a higher level of safety standards. People working in high-risk areas like utilities and construction for instance, are usually covered under worker's compensation law. State-specific laws give workers compensation if they are injured during their job. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60).

In 1908, Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused by their employer's negligence or violation of federal safety statutes. In contrast to state workers' compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.

FELA claims are typically handled in federal courts and railroad workers who have been injured are entitled to have their cases ruled by a jury. In a jury trial the jury must decide that the railroad was liable for an injured employee's injury or death. The conclusion must be based on the evidence presented in the case. It must be based on the fact that the railroad did not perform a duty of care to its workers, and that this negligence contributed to the death or injury.

Moreover the jury has to find that the railroad was in violation of one or more of the statutes stipulated in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount for which the plaintiff is held liable. It could reduce the amount by a percentage that negligence by the plaintiff contributed to the injury or death.

Applicability

In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the job. This law was different than the laws for workers' compensation in individual states and provided an avenue through which injured railroad workers could sue their employers directly. FELA sets high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages.

FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads who own and maintain railway lines that are used by interstate railroads. Railroad workers are exempt from state laws on workers' compensation and provides a means to claim damages if they are injured on the job because of a violation of federal safety statutes or the negligence of their employer.

In order to win a lawsuit filed under FELA the injured railroad worker must prove that their employer violated the act and that the violation led to or caused their death or injury. In a FELA lawsuit the burden of proof is on the plaintiff. The court can require a jury to consider the case of a FELA claim.

To win a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death. They must prove 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 law such as the Boiler Inspection Act. If the jury is found to be in favor of a plaintiff the railroad must compensate the damages that were awarded. The jury must be properly instructed about the law before they begin deliberations.