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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow, so too is the possibility of being injured while working. Unlike other types of workers railroad workers don't have access to state-run workers' compensation systems. They are protected by a federal law from employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face a distinct set of safety issues when working. As a result, they are required to meet higher standards in regards to injuries that are related to work. A worker's injury during work can have a devastating impact on their lives. Fortunately, there are laws to protect workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from the regular workers' compensation which covers workers in other sectors. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or inattention. This is where a FELA lawyer can really help. Congress approved FELA (1908). The law states that railroad carriers can be held liable for the injury or death of an employee. However, this only applies if the accident occurred while during the employee's work and resulted from the carrier's negligence. This includes failure to provide adequate safety equipment, training, and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was created in order to provide protection to railroad workers, it also establishes strict liability requirements for employers across all industries. In general, workers compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. As a result, it is crucial to understand the distinctions between these two laws so you can determine which one is suitable for your case. fela claims has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA. Purpose In general employers are responsible to ensure their employees are safe at work. This is especially relevant for those who work in high-risk fields such as construction or utilities. In certain instances the negligence of an employer can lead to a worker being injured or even dying. Because of this, employers in these fields are required to adhere to more stringent safety standards. If an employee gets injured while at work, they should be compensated for their medical expenses as well as lost income. Railroad workers are protected under federal laws that differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act (FELA) requires a worker to prove their injury was caused by the employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for their injuries. The law was not designed to give railroad workers full compensation. The law requires railroad workers to prove that the railroad was negligent in causing their injury. The law prohibits employers from denying a claim due to the contributory negligence. In general an injured worker must prove the following three elements to be awarded damages under the FELA: Scope Railroad workers are at risk in a unique way. If they suffer injuries at work, they may sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to protect workers but sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must prove four elements: 1.) the injury occurred within the scope of employment,) the employee acted in the course and scope and his or her duties 3) the act in question furthered the employer's interstate transportation business, and 4) the railroad was negligent. While many injuries are covered under either workers compensation or FELA, some cases may involve both. The two laws differ in a variety of ways, and a skilled lawyer can assist you in determining which one is most suitable for your requirements. Understanding the differences can save you time and money and also avoid unnecessary confusion. Limitations Employers are responsible for ensuring the health and safety of their employees. Certain occupations and industries pose the highest chance of injuries. They are thus held to a higher standard of safety standards. Workers in high-risk fields such as utilities and construction, for example, are often covered under worker's compensation law. These state-specific laws offer workers compensation if they are injured during their work. Similarly, railroad workers are covered 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 due to their employer's negligence or violation of federal safety regulations. Contrary to state laws regarding workers compensation, FELA doesn't automatically award full compensation to railroad workers injured. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims are usually heard in federal court and railroad workers who have been injured are entitled to have their cases decided by juries. In a jury trial the jury must decide that the railroad was liable for the injuries sustained by an injured employee 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 perform a duty of care to its workers and that negligence caused the injury or death. The jury must also find that the railroad is in violation of any 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 then determine the amount for which the plaintiff must be held accountable. It may reduce the amount by the proportion 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 than the laws governing workers' compensation in each state and provided an opportunity for injured railroad workers could sue their employers directly. FELA sets high standards for employer responsibilities and permits railroad workers injured to recover damages in cases 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 lines that are used by interstate railroads. Railroad employees are not covered by state workers' compensation, and allows them to claim 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 the injured railroad worker must prove that their employer violated the law and that the violation led to or caused their injury or death. The burden of proof in a FELA case is on the plaintiff and the court has the authority to require a jury trial in the purpose of a FELA claim. To win a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed as a result of the railroad's negligence or inability to provide safety equipment and training, or a violation of a safety rule such as the Boiler Inspection Act. If a jury decides to award damages to a plaintiff following an award the railroad is accountable for the payment of the damages. Before they begin their deliberations, the jury should be informed of the law.