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The Federal Employers Liability Act Protects Railroad Workers As the railroad industry grows so too is the chance of getting injured while working Railroad workers arent covered by staterun workers compensation programs Instead they are protected by a federal law that protects them 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 In order to prevent workrelated accidents railroad workers are held to an elevated standard An injury sustained by a worker on the job can have devastating effects on their life Fortunately there are laws that protect these workers and ensure that they receive the compensation they require The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers FELA differs from regular workers comp which is a type of insurance that covers workers in other sectors In contrast to workers compensation FELA claims are faultbased and must be proven through the evidence of negligence or carelessness This is where a FELA lawyer can really assist Congress passed FELA in 1908 The law states that a railroad carrier can be held accountable for the injury or death of an employee This is only the case if the accident happened in the scope and course of the employees duties and was caused by the carriers negligence This includes insufficient safety equipment training and procedures or violations of the Safety Appliance Act Boiler Inspection Act and the Power Brake Act The law was passed to protect railroad workers but it also creates high standards of liability for employers in all industries Judges do not generally 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 essential to understand the differences between the two laws so you can decide which one is the best for your situation The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing claims under FELA Purpose In general employers are accountable to ensure the safety of their employees while at work This is especially true for workers who work in areas that are highrisk such as construction or utilities In certain cases an employers negligence could lead to a worker being injured or even dying Because of this employers in these fields are required to adhere to more stringent safety guidelines When an employee is injured at work they should be compensated for their medical expenses as well as lost income Railroad workers are protected by federal laws that differ from workers compensation laws These laws referred to as the Federal Employers Liability Act or FELA require a worker prove that their injury was caused by the negligence of an employer In 1908 Congress passed the FELA to ensure that railroad workers receive compensation for their injuries It was not designed to grant railroad workers complete compensation on the spot Instead the law requires an injured worker prove that their injury was caused by the railroads negligence The law prohibits employers from refusing to accept a claim that is based on the negligence of a contributor In general an injured worker must to prove three things in order to be eligible for compensation under the FELA Scope Railroad workers face unique risks When they are injured on the job they may have the right to sue their employer under a Federal statute known as The Federal Employers Liability Act USC 51 et seq This law isnt just crucial to protect workers it also sets high standards for employers must follow A Tennessee worker seeking compensation under FELA must show four things 1 the injury occurred within the course of the employees job 2 the employee was acting in the course and of their duties 3 the conduct in question was in furtherance of the employers interstate transport business and 4 the railroad was negligent and its negligence played some part in causing the injury While many injuries are covered under either workers compensation or FELA Some cases may require both Both laws are different in numerous ways An experienced lawyer can assist you in determining which law is appropriate for your situation Having an understanding of these differences can save you time and money as well as avoiding unnecessary confusion Limitations Employers across the nation are responsible for keeping their employees protected and safe However certain jobs and industries are more prone to injury than other They are thus required to meet a higher standard of safety standards Workers in highrisk fields such as utilities and construction for instance are usually covered under the law of workers compensation fela lawyers specific laws offer compensation to workers who are injured while working Similarly railroad workers are covered by federal law known as the Federal Employers Liability Act FELA codified in 45 USC 5160 In 1908 Congress passed the FELA This law permits injured railroad workers to sue employers for damages due to their negligence or violation of federal safety laws Contrary to state laws regarding workers compensation FELA doesnt automatically award the full amount of compensation to injured railroad workers It requires railroad workers who have been injured to show that negligence by their employers caused their injuries FELA claims are generally heard in federal court and injured railroad workers are entitled to have their cases ruled by jury In a case that is a jury the jury must decide that the railroad was liable for the injury or death of an employee or death This conclusion should be based on the evidence presented in the case It must also include evidence that the railroad failed to perform a duty of care to its workers and that the negligence led to or caused the injury or death The jury must also find that the railroad is in breach 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 determine the amount at which the plaintiff is held liable It could reduce the amount by the percentage that the plaintiffs negligence contributed to or caused the death or injury Applicability In 1908 Congress passed The Federal Employers Liability Act to ensure the safety of railroad workers injured on the job This law was distinct from the laws governing workers compensation in the individual states and created an opportunity for 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 injuries FELA is applicable to railroad employees who operate across state lines or internationally It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads Railroad employees are exempt from state workers compensation and provides a way to seek damages if they are injured while at work as a result of a violation or negligence of their employer In order to win a lawsuit under FELA railroad workers who have been injured has to demonstrate that their employer has violated the law and that the violation caused or contributed their injury or death The burden of evidence in a FELA case is on the plaintiff and the court is able to order a jury trial for the purpose of a FELA claim To win a FELA lawsuit an employee has to demonstrate that the railroad was accountable for their death or injury They must show that they were hurt or killed due to the negligence of the railroad its failure to provide safety education and equipment or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act If the jury decides in favor of a plaintiff the railroad must pay the damages that were awarded Before beginning their deliberations the jury must be informed of the law