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The Federal Employers Liability Act Protects Railroad Workers The railroad industry is growing and so are the risks of getting injured on the job As opposed to other types of employees railroad workers do not have access to staterun workers compensation systems They are protected by federal law against employer negligence This federal law is known as the Federal Employers Liability Act FELA Here is what you should know about the Federal Employers Definition Railroad workers face a distinct set of safety challenges when working To avoid accidents that result from work railroad employees are held to a higher standard An injury sustained by a worker during work can have a devastating impact on their lives Thankfully there are laws in place to protect these workers and make sure they receive the compensation they require 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 Unlike workers compensation FELA claims must be proven by proving the negligence of the employer This is where a FELA lawyer can really help Congress passed FELA 1908 The law says that railroad companies can be held accountable for the death or injury of an employee However this only applies in the event that the accident occurred in the course of the employees work and resulted from the carriers negligence This could include the failure to provide the proper safety equipment training and 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 creates high liability standards for employers across all industries Judges generally do not think of workers compensation or FELA to be the same however that is changing as more FELA cases are filed This is why it is crucial to understand the distinctions between these two laws so you can determine which one is suitable for your situation The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing an action under FELA Purpose In general employers are accountable to ensure the safety of their employees while at work This is especially true for workers in highrisk industries such as utilities and construction In certain instances an employers negligence can result in a worker being injured or even dying For this reason employers in these industries are required to adhere to stricter safety standards When a person gets injured on the job they deserve to be compensated for medical bills and lost earnings Railroad workers are protected by federal laws which differ from the laws governing workers compensation These laws also known as the Federal Employers Liability Act FELA require workers to prove that their injury was the result of an employers negligence In 1908 Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them The law was not intended to give railroad workers full compensation The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries The law prohibits employers from denying a claim that is based on contributory negligence In general an injured worker must to prove three things in order to be entitled to compensation under the FELA Scope Railroad workers are at risk in a unique way If they suffer injuries while working they are entitled to an action right against their employer under a Federal statute known as the Federal Employers Liability Act USC 51 et seq fela lawyers is not only essential to protect workers it also sets high standards that employers must 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 within the course and scope and his or her duties 3 the conduct at issue contributed to the employers interstate transportation business and 4 the railroad was negligent Certain cases could be covered under both workers compensation and FELA Both laws are different in many ways A knowledgeable lawyer can help you determine which law is appropriate for your particular situation Understanding these distinctions will save you time and money as well as avoid unnecessary confusion Limitations Employers across the nation are accountable for keeping their employees secure and free of harm Certain occupations and industries pose higher chance of injuries Therefore those employers are required to adhere to a stricter standard of safety standards For instance workers in highrisk sectors such as utilities and construction are usually covered by workers compensation laws These statespecific laws provide the right to compensation for workers injured while working Railroad workers are also covered under the Federal Employers Liability Act that is codified in the form of 45 USC 5160 In 1908 Congress passed the FELA This law permits railroad workers injured by injuries to seek damages from employers resulting from their negligence or violation of federal safety laws In contrast to the state laws governing workers compensation FELA does not automatically give injured railroad workers full compensation Instead it requires railroad workers injured to show that their employer was legally negligent in causing their injuries FELA claims are usually considered in federal court and injured railroad workers are entitled to have their cases decided by jury In a jury trial the jury has to decide that the railroad was liable for the injury or death of an employee or death The conclusion must be based upon the evidence presented in the case It must be based on the fact that the railroad did not uphold a duty of respect to its workers and that this negligence caused or contributed to the death or injury Furthermore the jury must determine that the railroad has was in violation of one or more of the laws stipulated in the FELA instructions This includes violations of Safety Appliance Act Boiler Inspection Act or Power Brake Act In the end the jury has to determine the amount of damages that the plaintiff is liable and can 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 FELA to offer protection for railroad workers who suffered injuries while on the job This law was distinct from 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 the obligations of employers and permits railroad workers injured to recover damages in cases of injury FELA is applicable to railroad employees who work across state lines or even internationally It also applies to railroads who manage and own railroad lines that are utilized by interstate railroads It exempts railroad workers from the states workers compensation laws and allows for claiming damages when they are injured while working because of a violation to federal safety statutes or the negligence of their employer In order to win a lawsuit filed under FELA the injured railroad worker must show that their employer violated the law and that the violation led to or caused their injury or death The burden of the burden of proof in a FELA case lies with the plaintiff and the court is able to order a jury trial in a FELA claim In order to succeed in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their death or injury They must show that they were hurt or killed because of the negligence of a railroad their failure to provide safety training and equipment or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act If the jury finds in favor of a plaintiff the railroad must compensate the damages awarded Before they begin their deliberations the jury has to be fully informed about the law