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The Federal Employers Liability Act Protects Railroad Workers The industry of railroads is growing and with it comes the risk of injury at work Unlike other types of workers railroad workers do not have access to the staterun workers compensation systems fela lawsuit settlements are protected by federal law against employer negligence This law which is federal is referred to as the Federal Employers Liability Act FELA Here is what you must know about the Financial Liability Act FELA Definition Railroad workers face a unique set of safety challenges when working As a result they are expected to adhere to higher standards when it comes to workplacerelated injuries If a worker is injured while working it can be devastating and have a negative impact on their life Luckily there are laws in place to protect workers and ensure they receive the compensation they deserve The Federal Employers Liability Act FELA allows injured railroad workers to sue their employers FELA differs from the regular workers compensation which covers state workers in other sectors Unlike workers comp FELA claims are faultbased and require the evidence of negligence or recklessness This is where a FELA lawyer can be of great help Congress passed FELA in 1908 The law states that railroad companies are responsible for any injury or death of their employees However this is only if the accident occurred while in the course of the employees employment and stemmed from the carriers negligence This could include the failure to provide sufficient safety equipment training and procedures or violations of the Safety Appliance Act Despite the fact that the law was created to offer protection to railroad workers it also establishes high liability standards for employers in all industries Generally workers compensation and FELA are not viewed as the identical by judges however this is changing as more cases are being filed under the FELA It is important to understand the distinctions between these laws to determine which one is the best for your particular situation The Lanier Law Firm has extensive experience representing railroad workers They can assist you in filing a claim under the FELA Purpose As a general rule employers are responsible to ensure their employees are safe at work This is particularly applicable to workers in areas that are highrisk such as construction or utilities In certain cases the negligence of an employer can result in a worker being injured or even dying Because of this employers in these industries are held to stricter safety guidelines If someone is injured while working they deserve to be compensated for medical expenses and lost earnings Railroad workers are protected under federal laws which differ from the workers compensation laws These laws also known as the Federal Employers Liability Act FELA requires the worker to prove that their injury was caused by an employers negligence In 1908 Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries It was not designed to provide railroad workers with full compensation on the spot The law requires workers to prove that the railroad was negligent in causing their injuries The law also prohibits employers from denying an employees claim on the basis of negligence that is contributory In general the case of an injured worker he or she must to be able to prove three things to be entitled to compensation under the FELA Scope Railroad workers are at risk in a unique way If they are injured at work they may sue their employer under a Federal Statute referred to as the Federal Employers Liability Act USC 51 et seq This crucial law doesnt only protect workers but also sets high standards for employers to adhere to A Tennessee worker who seeks compensation under FELA is required to show four elements 1 the injury occurred within the scope of employment 2 the employee acted in the course and scope and his or her duties 3 the conduct in question was detrimental to the employers interstate transport business and four the railroad was negligent Many injuries are covered under either workers compensation or FELA Some cases may require both The two laws differ in many ways and a seasoned lawyer can help you decide which one best suits your requirements Knowing these differences can save you time and money as well as avoid unnecessary confusion Limitations Employers are responsible for ensuring the health and safety of their employees Certain industries and occupations pose the highest chance of injuries These employers are therefore subject to a higher level of safety standards People working in highrisk areas such as utilities and construction for example are often covered under the law of workers compensation These statespecific laws offer workers compensation if they are injured during their employment In the same way railroad workers are covered under federal law known as the Federal Employers Liability Act FELA codified at 45 USC 5160 In 1908 Congress passed the FELA This law permits injured railroad workers to sue employers for damages resulting from 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 show that their employer was legally negligent in causing their injuries FELA claims are usually heard in federal court and injured railroad workers are entitled to have their cases heard by juries In a case that is a jury the jury has to decide that the railroad is liable for an injured employees injury or death This conclusion must be based on the evidence that is presented in the case It must also include evidence that the railroad did not perform a duty of care to its workers and that the negligence caused or caused the injury or death The jury must also find the railroad in violation of one or more statutes in the FELA instructions This includes violations of the Safety Appliance Act Boiler Inspection Act or Power Brake Act Finally the jury must determine the amount of damages for which the plaintiff is responsible and it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death Applicability In 1908 Congress passed the Federal Employers Liability Act FELA to offer protection for railroad workers who had suffered injuries on the job This law was different from the laws for workers compensation in individual states and provided an opportunity for injured railroad workers could directly sue their employers FELA establishes high standards for employers obligations and permits injured railroad workers to seek damages FELA applies to employees of railroads that operate across state lines or internationally It also applies to railroads that manage and own rail tracks that are used by other interstate railroads It exempts railroad employees from state workers compensation and provides a way to claim damages in the event that they are injured at work as a result of a violation or negligence by their employer To win a lawsuit under FELA railroad workers who have been injured has to demonstrate that their employer has violated the law and that this violation caused or contributed their death or injury In a FELA lawsuit the burden of proof is on the plaintiff The court can decide to have a jury hear 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 injuries or death They must show that they were hurt or killed as a result of the negligence of a railroad their failure to provide safety training and equipment or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act If a jury awards damages to a plaintiff after a verdict the railroad is accountable for the payment of the damages Before beginning their deliberations the jury must be fully informed about the law