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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 at work. Railroad workers aren't covered by the state-run workers' compensation systems. Instead, they are protected by a federal law that protects workers from negligence by employers.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here's what you need to know about it.
Definition
Railroad workers face unique safety challenges. This is why they are held to higher standards in regards to workplace-related injuries. A worker's injury on the job can have a devastating impact on their lives. Luckily, there are laws to protect workers and ensure they receive the compensation they deserve.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation, which protects workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of negligence or inattention. This is where a FELA lawyer can really assist.
Congress approved FELA in 1908. The law stipulates that railroad carriers can be held liable for the injury or death of an employee. However, this is only if the accident occurred while during the employee's job and resulted due to the negligence of the railroad company. This could include the failure to provide adequate safety equipment, training and procedures, or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was enacted to protect railroad workers, but it also sets high standards of liability for employers in all sectors. Judges are not typically able to consider workers' compensation and FELA to be the same thing, but that is changing as more FELA cases are filed. Therefore, it is crucial to understand the differences between the two laws to 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 an action under FELA.
Purpose
In general employers are accountable for ensuring their employees' safety at work. This is especially true for workers in high-risk sectors such as utilities and construction. In some cases, however, an employer's negligence can result in workers being injured or even dying. Employers in these fields must follow stricter safety standards. When an employee is injured at work, they must be compensated for medical expenses and loss of income.
railroad injury fela lawyer workers are protected by federal laws that differ from the laws governing workers' compensation. These laws, known as the Federal Employers' Liability Act (FELA) requires the worker to prove that their injury was the result of an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not meant to provide railroad workers with full compensation. The law requires that workers demonstrate that the railroad was negligent in causing their injury. The law prohibits employers from denial of a claim that is due to the negligence of a contributor.
In general the case of an injured worker, he or she must to prove three things in order to receive damages under the FELA.
Scope
Railroad employees have an unique work environment that comes with the risk of its own. If they are injured at work, they could sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not just important to protect workers, but also sets high standards that employers must follow.
A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the scope of work; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct that was at issue was in the service of the employer?s interstate transportation business; and (4) the railroad was negligent and its negligence caused the injury.
Certain cases could fall under both workers compensation and FELA. The two laws differ in many ways, and a knowledgeable lawyer can assist you in determining which one best suits your requirements. Knowing these distinctions can save you time and money, and also avoid unnecessary confusion.
Limitations
Employers are responsible for the health and safety of their employees. However certain occupations and industries have a higher risk of injury than others. They are thus subject to a higher level of safety standards. For instance, employees in high-risk industries like utilities and construction are usually covered under worker's compensation laws. These state-specific laws provide compensation to workers who are injured on the job. Similarly, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60).
In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by their employer's negligence or in violation of federal safety statutes. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. Instead it requires injured railroad workers to show that their employer was "legally negligent" in causing their injuries.
FELA claims will be considered in federal courts, and railroad workers who have been injured are entitled to an appeal to a jury. In a jury trial the jury has to decide that the railroad was liable for an injured employee's injury or death. The verdict must be based on the evidence that are presented in the case including that the railroad was negligent in failing to exercise a reasonable duty of care for its workers and that the railroad's negligence led to, or contributed to cause, the injury or death.
Additionally the jury must find that the railroad did not comply with one or more of the statutes that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, legal Boiler Inspection Act or Power Brake Act. The jury will then decide the amount for which the plaintiff is held liable. It could reduce the amount by a percentage that the plaintiff's 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 different from the workers' compensation laws of each state, and established a system by which injured railroad workers could directly sue their employers. FELA sets high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads who manage and own rail lines that are used by interstate railroads. Railroad workers are exempted from state workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety laws or the negligence of their employer.
To prevail in a lawsuit brought under FELA an injured railroad worker must show that their employer acted in violation of the law and that the violation caused or contributed the injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may decide to decide to have a jury hear the FELA claim.
To be successful in a FELA claim an employee must show that the railroad caused or contributed to their injuries or death. They must prove that they were hurt or killed as a result of a railroad's negligence, 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 is found to be that a plaintiff is the winner the railroad must compensate the damages that were awarded. Before they begin their deliberations, the jury has to be informed of the law.