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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows, so too does the risk of getting injured while working. As opposed to other types of employees railroad workers don't have access to state-run workers' compensation systems. Instead, they are covered by a federal law that shields them 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). Definition Railroad workers face unique safety challenges. To prevent accidents at work, railroad workers are held to a higher standard. If a worker gets injured while working, it can be extremely devastating and have a negative impact on their life. Luckily, there are laws to protect these 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 railroad settlements differs from regular workers' comp which is a type of insurance that covers workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or carelessness. A FELA attorney can be of great assistance. Congress approved FELA in 1908. The law stipulates that a railroad carrier is liable for an injury or death of their employees. However, this only applies in the event that the accident occurred in the course of the employee's job and resulted from the negligence of the carrier. This could include the 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 enacted to protect railroad workers but it also sets high standards of accountability for employers in all sectors. Judges do not generally consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. Therefore, it is essential to understand the differences between the two laws so you can determine which one is suitable for your case. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing claims under FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is particularly applicable to workers in high-risk sectors such as construction and utilities. In certain instances, however, an employer's negligence can result in an employee being injured or even dying. Because of this, employers in these fields are required to adhere to more stringent safety standards. If a worker is injured on the job and suffers a serious injury, they should be compensated for medical bills and lost income. Workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA), require a worker to prove their injury was caused by an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for their injuries. It was not intended to provide railroad workers with full compensation automatically. Instead the law requires a worker prove their injury was caused by the railroad's negligence. The law prohibits employers from denial of a claim that is due to contributory negligence. As a rule an injured worker must prove the following three things to be awarded compensation under FELA: Scope Railroad employees are in a unique working environment that comes with its own set of risks. When they are injured while working they may have the right to 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 essential for protecting workers, but also sets standards that employers must meet. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the scope of employment; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct was in the interest of the employer?s interstate transportation business and (4) the railroad was negligent and its negligence played some part in causing the injury. Some cases may be covered under both workers compensation and FELA. Both laws differ in many ways. An experienced attorney can help determine which law is appropriate for your situation. Understanding these distinctions will save you time and money as well as to avoid confusion. Limitations Employers are responsible for ensuring the security and well-being of their employees. Certain occupations and industries pose the highest chance of injuries. They are thus held to a higher standard of safety guidelines. The workers in high-risk industries like construction and utilities, for instance, are usually covered under worker's compensation law. These state-specific laws provide the right to compensation for workers injured while working. Similarly, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused due to their employer's negligence or in violation of federal safety regulations. Contrary to state laws regarding workers compensation, FELA doesn't automatically award full compensation to railroad workers who have been injured. Instead, it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be handled in federal courts and railroad workers who are injured are entitled to an appeal to a jury. In a jury case the jury has to decide that the railroad was responsible for an injured employee's injury or death. This conclusion must be based on the evidence presented in the case. It must be based on the fact that the railroad failed to uphold a duty of respect to its employees, and that this negligence led to or caused the death or injury. The jury must also find the railroad in breach 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. Finally, the jury must determine the amount of damages that the plaintiff is responsible, and it may reduce the amount of the award by the proportion of the plaintiff's negligence caused or contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who sustained injuries while working. This law was different than the workers' compensation laws in the individual states and created an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and permits railroad workers injured to claim damages in the event of injury. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads who own and maintain railway lines that are used by interstate railroads. Railroad workers are exempted from state workers' compensation laws and provides a means to claim damages if they are injured at work because of a violation to federal safety regulations or the negligence of their employer. To be successful in a lawsuit filed under FELA, an injured railroad worker must show that their employer violated the law and that the breach caused or contributed to their death or injury. 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 prove that the railroad was accountable for their injury or death. They must prove that they were injured or killed as a result of the railroad's negligence, or inability to provide safety equipment or training, or because of a violation of a safety rule such as the Boiler Inspection Act. If a jury gives damages to a plaintiff in a verdict, the railroad is responsible for paying the damages. The jury must be properly instructed about the law prior to beginning deliberations.