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The Federal Employers? Liability Act Protects Railroad WorkersAs the railroad industry continues to grow, so too is the possibility of being injured at work. Railroad workers are not covered by the state-run workers’ compensation programs. Instead, they have an unwritten law that protects workers from negligence by employers.This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).DefinitionRailroad workers face a distinct variety of safety concerns on the job. In order to prevent work-related accidents, railroad workers are held to the highest standards. When a worker is injured on the job it can be devastating and impact their entire life. Thankfully there are laws in place to protect these workers and ensure that they receive the compensation they deserve.The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers’ compensation, which protects state workers in other sectors. As opposed to workers’ compensation, FELA claims must be proved by proving an negligence of the employer. This is where a FELA lawyer can be of great help.Congress passed FELA (1908). The law states that railroad companies can be held accountable for the death or injury of an employee. However, this is only if the accident occurred while during the employee’s employment and stemmed from the negligence of the carrier. This includes the failure to provide adequate safety equipment, training, or procedures, or violations of the Safety Appliance Act.The law was enacted to protect railroad workers, however it also establishes high standards of liability for employers in all industries. Generally, workers compensation and FELA are not considered the same by judges, but this is changing as more cases are filed under the FELA. This is why it is essential to understand the distinctions between these two laws so you can choose which one is best for your situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA.PurposeIn general, employers are responsible to ensure the safety of their employees at work. This is especially relevant for workers in high-risk industries such as utilities and construction. In certain instances the negligence of an employer can lead to a worker being injured or even dying. For this reason, employers in these fields are held to stricter safety standards. When an employee is injured at work, they should be compensated for their medical expenses as well as lost income.While workers’ compensation laws protect many 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) will require the worker to prove that their injury was caused by the employer’s negligence.In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. It was not designed to grant railroad workers complete compensation automatically. Instead the law requires a worker prove their injury was caused by the railroad’s negligence. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence.In click for info , an injured worker must prove the following three things in order to be awarded damages under FELA:ScopeRailroad workers face unique risks. If they suffer injuries at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This pivotal law doesn’t just safeguard workers, it also sets high standards for employers to follow.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 and the duties he or she performed 3) the conduct at issue contributed to the employer’s interstate transportation business, and 4) the railroad was negligent.Many injuries are covered under either workers compensation or FELA laws Some cases may require both. The two laws differ in many ways, and a skilled attorney can help you determine which one is best suited to your requirements. Understanding these differences will help you save time and money and also to avoid confusion.LimitationsEmployers are responsible for the security and well-being of their employees. However certain occupations and industries are more prone to injury than other. Therefore, those employers are held to a more strict level of safety guidelines. The workers in high-risk industries like construction and utilities, for example, are often covered under worker’s compensation law. These state-specific laws offer compensation to workers who are injured on the job. 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 sue employers for damages resulting from their negligence or a violation of federal safety laws. In contrast to state workers’ compensation laws, FELA doesn’t automatically award the full amount of compensation to railroad workers who have been injured. It requires railroad workers who have been injured to demonstrate that negligence by their employers caused their injuries.FELA claims will be handled in federal courts and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial the jury will decide whether the railroad is responsible for the injury or death of an employee who was injured. This finding is based on the proofs that are presented in the case for example, that the railroad was negligent in failing to fulfill the proper care for its employees and the negligence of the railroad caused, or contributed to cause, the injury or death.The jury must also find that the railroad is in violation of 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 determine the amount of damages that the plaintiff is responsible and can reduce the amount of the award by the percentage of the plaintiff’s negligence caused or contributed to the injury or death.ApplicabilityIn 1908, Congress passed the Federal Employers’ Liability Act (FELA) to provide protection for railroad workers who had suffered injuries on the job. This law was distinct from the workers’ compensation laws in individual states and provided an avenue through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer’s obligations, and permits injured railroad workers to seek damages.FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. Railroad employees are exempt from state workers’ compensation, and provides a way to claim damages in the event that they are injured at work due to a violation or negligence of their employer.To be successful in a lawsuit filed under FELA an injured railroad worker must show that their employer has violated the act and that the breach caused or caused their death or injury. The burden of proof 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 was responsible for or contributed to their injuries or death. They must prove that they were hurt or killed as a result of the negligence of the railroad, its failure to provide safety education and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury finds that a plaintiff is the winner the railroad must pay the damages that were awarded. The jury should be properly informed about the law before they begin deliberations.