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The Federal Employers Liability Act Protects Railroad Workers The railroad industry is growing and so are the risks of being injured while working Railroad workers arent covered by the staterun workers compensation systems They are protected under a federal law from employer negligence This federal law 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 set of safety challenges on the job As a result they are held to higher standards when it comes to workplacerelated injuries An injury sustained by a worker at work can have a devastating effects on their lives Luckily there are laws to protect workers and ensure they get the compensation they deserve The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers FELA differs from traditional workers compensation which protects workers in other sectors In contrast to workers compensation FELA claims must be proven by proving the negligence of the employer This is where a FELA lawyer can be of great help Congress passed FELA in 1908 The law stipulates that a railroad carrier can be held liable for the death or injury of an employee However this only applies if the accident occurred while during the employees employment and stemmed from the carriers negligence This could include the failure to provide the proper safety equipment training or procedures or violations of the Safety Appliance Act The law was enacted to protect railroad workers but it also establishes high standards of liability for employers in all sectors Generally workers compensation and FELA are not viewed as the identical by judges however this is changing as more cases are filed under the FELA It is essential to be aware of the distinctions between these laws to determine which one is the best for your specific situation The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing a claim under FELA Purpose As a general rule employers are responsible for keeping their employees safe at work This is particularly applicable to workers in highrisk industries like construction and utilities In some instances however an employers negligence could result in workers being injured or even dying Employers in these sectors must adhere to more stringent safety standards If an employee gets injured while at work they must be compensated for medical expenses as well as lost income Railroad workers are protected under federal laws that differ from the workers compensation laws These laws referred to as the Federal Employers Liability Act FELA require workers to prove that their injury was caused by the employers negligence In 1908 Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained It was not designed to give railroad workers full compensation on the spot Instead the law requires a worker prove their injury was caused by railroads negligence The law also prohibits employers from denying an employees claim on the ground of contributory negligence As a rule an injured worker must demonstrate the following three things to be awarded damages under the FELA Scope Railroad employees enjoy an environment of work that comes with its own set of risks If they suffer injuries on the job they may 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 isnt just designed to protect workers but also sets high standards for employers to adhere to A Tennessee worker seeking compensation under FELA must prove four elements 1 the injury occurred within the scope of employment 2 the employee was acting within the course and of the scope of his duties 3 the conduct that was at issue was in the service of the employers interstate transport business and 4 the railroad was negligent and was a factor in the causing of the injury Certain cases could be covered under both workers compensation and FELA The two laws differ in several ways and a skilled attorney can help you determine which one is most suitable for your requirements Understanding the differences can save you money and time as well as to avoid confusion Limitations Employers are accountable for the safety and wellbeing of their employees However certain industries and jobs are more prone to injury than others These employers are therefore held to a higher standard of safety guidelines Workers in highrisk fields like utilities and construction for instance are usually protected under the law on workers compensation These statespecific laws provide workers compensation if they are injured during their job Similarly railroad workers are covered under federal law known as the Federal Employers Liability Act FELA codified at 45 USC 5160 In 1908 Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages incurred due to their employers negligence or violation of federal safety regulations Unlike state workers compensation laws FELA doesnt 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 was the reason for their injuries FELA claims will be considered in federal courts and railroad employees who are injured are entitled to a jury trial In a trial that is a jury the jury will decide whether the railroad is accountable for the death or injury of an employee who has been injured The conclusion must be based upon the evidence that is presented in the case It must be based on the fact that the railroad failed to perform a duty of care towards its employees and that negligence led to or caused the injury or death The jury must also find the railroad in violation of one or more statutes listed in the FELA instructions This includes violations of the Safety Appliance Act Boiler Inspection Act or Power Brake Act The jury will then decide the amount for which the plaintiff must be accountable The jury may reduce the amount by a percentage that the plaintiffs negligence was responsible to 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 working This law was distinct from the laws on workers compensation of the individual states and created a system in which injured railroad workers could directly sue their employers FELA sets high standards for employer responsibilities and allows railroad workers who have been injured to claim damages in the event of injury FELA applies to employees of railroads that operate across state lines or internationally It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads It exempts railroad employees from state workers compensation and provides a way to seek damages if they suffer injuries at work as a result of a violation or negligence by their employer In order to win a lawsuit under FELA an injured railroad worker must prove that their employer has violated the law and that the breach caused or contributed to their death or injury In a FELA lawsuit the burden of proof falls on the plaintiff The court may decide to order a jury to hear the case of a FELA claim In order to succeed in a FELA claim an employee must show that the railroad caused or contributed to their injuries or death railroad injury fela lawyer must show that they were hurt or killed as a result of a railroads negligence failure to provide safety education and equipment or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act If the jury is found to be that a plaintiff is the winner the railroad must pay the damages that were awarded Before they begin deliberations the jury has to be properly informed about the law