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The Federal Employers Liability Act Protects Railroad Workers As the railroad industry continues to grow as does the risk of being injured at work Unlike other types of workers railroad workers dont have access to the staterun workers compensation systems Instead they have a federal law that shields workers from negligence by employers This law which is federal is referred to as the Federal Employers Liability Act FELA What you need to Know about the Liability Act FELA fela lawyer face a distinct set of safety issues when working This is why they are held to higher standards when it comes to workrelated injuries If a worker gets injured on the job it can be devastating and impact their entire life Luckily there are laws that 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 is different from the standard workers compensation which covers state workers in other sectors In contrast to workers compensation FELA claims must be proven by proving the negligence of the employer A FELA attorney can be of great assistance Congress passed FELA in 1908 The law states that railroad carriers can be held accountable for the injury or death of an employee This liability only applies in the event that the incident occurred within the course and scope of the employees work and was caused by negligence on the part of the carrier This could be due to the carriers failure to provide sufficient 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 establishes high standards of liability for employers in all sectors In general workers compensation and FELA arent considered to be the same by judges but this is changing as more cases are filed under the FELA This is why it is important to know the differences between these two laws so you can decide which one is the best for your case The Lanier Law Firm is experienced in representing railroad workers and can help you file an action under FELA Purpose As a rule employers are accountable for ensuring their employees safety at work This is particularly applicable to workers in highrisk fields like construction and utilities In certain cases an employers negligence could lead to a worker being injured or even dying Employers in these sectors must follow stricter safety regulations If an employee is injured while at work they should be compensated for their medical expenses and loss of income Railroad workers are protected under federal laws which differ from the laws governing workers compensation These laws also known as the Federal Employers Liability Act FELA require a worker to prove their injury was the result of an employers negligence In 1908 Congress passed FELA in order to ensure that railroad employees received compensation for their injuries The law was not meant to provide railroad workers with complete compensation Instead the law requires that an injured worker prove that their injury was caused by railroads negligence The law prohibits employers from denial of a claim that is that is based on the contributory negligence As a general rule an injured worker must demonstrate the following three things in order to be awarded damages under FELA Scope Railroad employees enjoy an environment of work that comes with its own set of hazards If they get injured at work they are entitled to the right to sue their employer under a Federal law known as the Federal Employers Liability Act 45 USC 51 et seq This law is not only essential for protecting workers but also sets standards that employers must adhere to A Tennessee worker seeking compensation under FELA must demonstrate four things 1 the injury occurred within the scope of employment the employee acted within the course and scope and his or her duties 3 the conduct in question was detrimental to the employers interstate transport business and 4 the railroad was negligent Many injuries are covered under either workers compensation or FELA Some cases may require both Both laws differ in numerous ways A knowledgeable attorney can help determine which law is best for your situation Understanding these differences will help you save time and money as well avoid confusion Limitations Employers are accountable for the safety and wellbeing of their employees Certain industries and professions carry a greater risk of injury Therefore those employers are held to a more strict level of safety guidelines The workers in highrisk industries like utilities and construction for example are often covered under the law of workers compensation These statespecific laws offer workers compensation if they are injured during their job Railroad workers are also covered by the Federal Employers Liability Act codified as 45 USC 5160 In 1908 Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused by their employers negligence or in violation of federal safety statutes Contrary to state workers compensation laws FELA does not automatically give injured railroad workers full compensation It requires railroad workers who have been injured to prove that their employers negligence caused their injuries FELA claims are typically considered in federal court and injured railroad workers are entitled to have their cases heard by jury In a case that is a jury the jury must decide that the railroad was liable for the injuries sustained by an injured employee or death This conclusion should be based upon the evidence provided in the case It must be based on the fact that the railroad failed to exercise a duty of care to its employees and that the negligence caused or contributed to the death or injury The jury must also find that the railroad is in violation of one or more of the statutes mentioned 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 to which the plaintiff is accountable It may reduce the amount by the proportion that the plaintiffs negligence was responsible to the injury or death 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 on workers compensation of 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 injured railroad workers to seek compensation in the event of injuries FELA is applicable to railroad employees who work across state lines or even internationally It also applies to railroads that own and maintain railroad tracks that are used by other interstate railroads It exempts railroad employees from state workers compensation and gives them the ability to claim damages in the event that they are injured at work due to a violation or negligence of their employer To win a lawsuit under FELA railroad workers who have been injured has to prove that their employer violated the law and that this violation led to their injury or death In a FELA lawsuit the burden of proof is on the plaintiff The court may decide to have a jury hear the case of a FELA claim To prevail in a FELA lawsuit the employee must show that the railroad was responsible for their injuries or death They must show that they were injured or killed because of 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 gives damages to a plaintiff after an award the railroad is responsible for the payment of the damages Before they begin deliberations the jury must be properly informed about the law