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The Federal Employers Liability Act Protects Railroad Workers As the railroad industry grows and expand so is the chance of getting injured while working Railroad workers arent covered by staterun workers compensation programs Instead they have an unwritten law that protects workers from negligence by employers Federal Employers Liability Act FELA is the name of this federal law Liability Act FELA What you need to Know about the Liability Act FELA Definition Railroad workers face unique safety challenges This is why they are required to meet higher standards when it comes to injuries that are related to work A workers injury at work can have a devastating effects on their lives Fortunately there are laws in place to protect workers and make sure they receive the compensation they deserve The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers FELA differs from the regular workers compensation which covers workers in other sectors Unlike workers comp FELA claims are faultbased and have to be proved through the evidence of the employers negligence or carelessness A FELA attorney is a great resource Congress passed FELA in 1908 The law states that railroad carriers are accountable for injuries or death of their employees However this is only if the accident occurred while during the employees work and resulted from the negligence of the carrier This includes 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 creates high standards of liability for employers in all sectors Judges generally do not consider workers compensation and FELA to be the same but that is changing as more FELA cases are filed It is essential to be aware of the distinctions between these laws to choose which is best for your particular situation The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA Purpose In general employers are accountable for keeping their employees safe at work This is particularly true for workers who work in highly risky fields such as construction and utilities In some cases however an employers negligence can cause a worker to be injured or even dying This is why employers in these fields are required to adhere to more stringent safety guidelines If a worker is injured while working they deserve to be compensated for medical bills and lost income While the laws on workers compensation protect many workers in the United States there are particular federal laws that protect railroad workers These laws also known as the Federal Employers Liability Act FELA requires workers to prove that their injury was the result of an employers negligence In 1908 Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained The law was not designed to give railroad workers full compensation The law requires that workers demonstrate that the railroad was negligent in causing their injury The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence In general the case of an injured worker he or she must to prove three things in order to be entitled to compensation under the FELA Scope Railroad employees enjoy an unique work environment that has its own set of risks When they are injured on the job they have a cause of action against their employer under a Federal statute known as the Federal Employers Liability Act 45 USC 51 et seq This law is not only important to protect workers it also sets high standards that employers must adhere to A Tennessee worker seeking compensation under FELA must show four things 1 the injury occurred within the course of employment 2 the employee was acting within the scope and scope of his or her duties 3 the conduct in question was in furtherance of the employers interstate transport business and 4 the railroad was negligent and was a factor in the causing of the injury While a lot of injuries fall under either workers compensation or FELA certain cases could fall under both Both laws differ in numerous ways An experienced lawyer can help you determine which law is appropriate for your situation Having an understanding of these differences can save your time and money and also avoid unnecessary confusion Limitations Employers across the country are accountable to ensure that their employees are protected and safe However certain occupations and industries pose a higher risk of injuries than others They are thus required to meet a higher standard of safety guidelines Workers in highrisk fields like utilities and construction for instance are typically covered under workers compensation law These statespecific laws offer compensation to workers injured while working Similarly fela lawsuits are protected by federal law known as the Federal Employers Liability Act FELA codified in 45 USC 5160 In 1908 Congress passed the FELA This law allows railroad workers injured by injuries to seek damages from employers due to their negligence or a violation of federal safety laws Unlike state workers compensation laws FELA does not automatically award 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 will be heard in federal courts and railroad employees who have been injured are entitled to an appeal to a jury In a jury case the jury must find that the railroad is liable for the injuries sustained by an injured employee or death This conclusion must be based on the evidence presented in the case which include that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers and the negligence of the railroad caused or contributed to the cause of the injury or death Moreover the jury has to find that the railroad violated one or more of the statutes that are outlined in the FELA instructions This includes violations of Safety Appliance Act Boiler Inspection Act or Power Brake Act The jury will determine the amount of damages that the plaintiff is responsible and it may reduce the amount of the award by the proportion of the plaintiffs negligence caused or contributed to the death or injury Applicability In 1908 Congress passed The Federal Employers Liability Act to ensure the safety of railroad workers injured on the worksite This law was distinct from the laws governing workers compensation of individual states and created a system in which railroad workers who were injured could directly sue their employers FELA sets high standards for the duties of employers and allows railroad workers who have been injured to recover damages in cases of injuries FELA is applicable to railroad employees who work across state lines or even internationally It is also applicable to railroads that manage and own railroad lines that are utilized by interstate railroads Railroad workers are exempted from the states workers compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation of federal safety laws or due to the negligence of their employer In order to win a lawsuit under FELA an injured railroad worker has to demonstrate that their employer has violated the law and that this violation led to their injury or death The burden of proof in a FELA case lies with the plaintiff and the court has the power to require a jury trial for an FELA claim To win a FELA claim an employee must prove that the railroad caused or contributed to their injury or death They must show that they were injured or killed because of the negligence of the railroad its inability to provide safety training and equipment or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act If a jury awards damages to a plaintiff in a verdict the railroad is accountable for the payment of the damages Before they begin deliberations the jury has to be fully informed about the law