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The Federal Employers Liability Act Protects Railroad Workers As the railroad industry continues to expand as does the risk of getting injured at work Unlike other types of workers railroad workers do not have access to 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 Heres what you need to know about it Definition Railroad workers face unique challenges in safety In turn they are expected to adhere to higher standards when it comes to workrelated injuries If a worker is injured while working it can be extremely devastating and affect their entire life Fortunately there are laws that protect these 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 regular workers comp which covers workers in other sectors Unlike workers comp FELA claims are faultbased and must be proven through the evidence of negligence or inattention A FELA attorney can be a great resource Congress adopted FELA in 1908 The law states that railroad carriers are responsible for any injury or death of their employees However this is only when the incident occurred in the course of the employees work and resulted from the carriers negligence This includes 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 highrisk standards for employers across all industries In general 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 in order to decide which is appropriate for your particular situation The Lanier Law Firm has extensive experience representing railroad workers They can assist you in submitting a claim under the FELA Purpose As a rule employers are accountable to ensure their employees are safe at work This is especially relevant for workers in highrisk industries such as construction and utilities In some cases however an employers negligence can result in a worker getting hurt or even dying Because of this employers in these industries are held to stricter safety standards When a person gets injured while working they deserve to be paid for their medical bills and lost earnings Railroad workers are protected under federal laws which differ from workers compensation laws These laws also known as the Federal Employers Liability Act or FELA requires that a worker to prove that their injuries were resulted from the negligence of an employer In 1908 Congress passed FELA in order to ensure that railroad workers received compensation for their injuries The law was not designed to provide railroad workers with full compensation Instead the law requires that an injured worker prove that their injury was caused by railroads negligence The law prohibits employers from denying a claim due to the contributory negligence In general an injured worker must to prove three things in order to receive damages under the FELA Scope Railroad employees enjoy an unique work environment that has its own set of hazards If they are injured at work they could sue their employer under a Federal Statute referred to as the Federal Employers Liability Act USC 51 et seq fela railroad accident lawyer isnt just designed to protect workers but also sets high standards for employers to meet A Tennessee worker seeking compensation under FELA must demonstrate four elements 1 the injury occurred within the context of employment 2 the employee acted within the course and scope of his or her duties 3 the conduct at issue furthered the employers interstate transportation business and four the railroad was negligent Certain cases could be covered under both workers compensation and FELA The two laws differ in a variety of ways and a skilled attorney can help you determine which one is best suited to your needs Understanding these distinctions will save you money and time as well avoid confusion Limitations Employers across the nation are responsible for keeping their employees safe and unharmed However certain industries and jobs pose a higher risk of injury than others They are thus subject to a higher level of safety guidelines For instance workers in highrisk industries like utilities and construction are typically protected by laws governing workers compensation These statespecific laws offer the right to compensation for workers injured while working The same is true for railroad workers 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 by negligence of their employers or in violation of federal safety laws In contrast to state workers compensation laws FELA doesnt automatically award full compensation to railroad workers who have been injured It requires railroad workers who have been injured to demonstrate that their employers negligence was the cause of 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 decide that the railroad was responsible for the injuries sustained by an injured employee or death This finding must be based on proofs provided in the case for example that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers and that the railroads negligence led to or contributed to causing the injury or death Moreover the jury must also find that the railroad violated one or more of the statutes set forth 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 at which the plaintiff must be held accountable The jury may reduce the amount by the percentage that the plaintiffs negligence contributed to the injury or death Applicability In 1908 Congress passed the Federal Employers Liability Act FELA to provide protection to railroad workers who suffered injuries on the job This law was distinct from the laws governing workers compensation of the individual states and established a system by which railroad workers injured in an accident could directly sue their employers FELA sets high standards for the obligations of employers and allows injured railroad workers to claim damages in the event of injuries FELA is applicable to railroad employees who operate across state lines or internationally It also applies to railroads who manage and own railroad lines that are utilized by interstate railroads Railroad workers are exempt from state workers compensation laws and provides a mechanism to claim damages if they are injured while working due to a violation of federal safety statutes or the negligence of their employer To win a lawsuit under FELA railroad workers who have been injured must show that their employer acted in violation of the law and that this violation led to or contributed to their death or injury In a FELA lawsuit the burden of proof falls on the plaintiff The court may order a jury to hear a FELA claim To win a FELA lawsuit an employee must show that the railroad was accountable for their death or injury They must prove that they were injured or killed as a result of the negligence of a railroad their inability to provide safety training and equipment or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act If the jury is found to be in favor of a plaintiff the railroad must pay the damages awarded The jury should be properly instructed about the law prior to beginning deliberations