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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing and with it, the chances of being injured while working. As opposed to other types of employees railroad workers don't have access to state-run workers' compensation systems. They are protected by federal law against employer negligence. fela law firm (FELA) is the name of this federal law. Liability Act (FELA). Here is the information you need to know about it. Definition Railroad workers face a unique variety of safety concerns when working. In turn, they are expected to adhere to higher standards when it comes to workplace-related injuries. If a worker is injured while working, it can be extremely devastating and affect their entire life. Fortunately there are laws that protect these workers and ensure they receive the compensation they are due. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from regular workers' compensation, which covers state workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or carelessness. This is where a FELA lawyer can be of great help. Congress approved FELA in 1908. The law stipulates that railroad carriers is liable for the injury or death of an employee. This liability is only applicable in the event that the incident occurred within the context of the employee's job, and was caused by the carrier's negligence. This includes failure to provide sufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was enacted to protect railroad workers but it also creates high standards of liability for employers in all industries. Judges do not generally consider workers' compensation or FELA to be the same, however this is changing as more FELA cases are filed. Therefore, it is important to know the differences between these two laws to determine which one is suitable for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the 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 industries, like construction and utilities. In certain cases the negligence of an employer can result in a worker being injured or even dying. Because of this, employers in these fields are required to adhere to stricter safety standards. When an employee is injured at work, they must be compensated for medical expenses as well as lost income. Railroad workers are protected by federal laws, which differ from the laws governing workers' compensation. These laws, referred to as the Federal Employers' Liability Act or FELA requires that a worker to prove that their injuries were resulted from the negligence of an employer. In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. The law was not intended to provide railroad workers with full compensation automatically. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general an injured worker must to prove three things in order to be eligible for compensation under the FELA. Scope Railroad workers are at risk in a unique way. If they suffer injuries at work, they can sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This pivotal law doesn't just safeguard workers, it also sets high standards for employers to follow. 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 of the duties he or she performed 3) the act in question contributed to the employer's interstate transportation business and 4) the railroad was negligent. While many injuries fall under either workers compensation or FELA laws, some cases may involve both. Both laws are different in numerous ways. An experienced attorney can help determine which law is best for your particular situation. Understanding these differences will save you money and time, as well to avoid confusion. Limitations Employers across the country are responsible for keeping their employees protected and safe. However certain jobs and industries are more prone to injury than others. Employers are held to a higher standard of safety standards. For instance, employees in high-risk sectors such as construction and utilities are often covered by worker's compensation laws. State-specific laws give workers compensation if they're injured during their work. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to claim damages against employers due to their negligence or a violation of federal safety laws. In contrast to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to demonstrate that their employer's negligence was the cause of their injuries. FELA claims are typically heard in federal court and railroad workers who have been injured are entitled to have their cases ruled by a jury. In a jury trial the jury will decide whether the railroad is accountable for the death or injury of an injured employee. This finding must be based on the proofs presented in the case, which include that the railroad was negligent in failing to exercise the proper care for its employees and that the railroad's negligence led to or contributed to causing the injury or death. Moreover the jury must find that the railroad did not comply with one or more of the laws stipulated in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages that the plaintiff is accountable, and it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries on the job. This law was different from the laws on workers' compensation of each state, and provided a system whereby railroad workers who were injured could directly sue their employers. FELA establishes high standards for the employer's obligations, and permits injured railroad employees to recover damages. FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. Railroad employees are not covered by state workers' compensation and gives them the ability to claim damages in the event that they suffer injuries at work as a result of a lapse or negligence by their employer. In order to win a lawsuit under FELA an injured railroad worker has to demonstrate that their employer has violated that act and that this violation led to the injury or death. The burden of proof in a FELA case lies with the plaintiff and the court has the authority to require a jury trial for the purpose of a FELA claim. To prevail in a FELA lawsuit the employee must prove that the railroad was responsible for their death or injury. They must show that they were injured or killed because of the railroad's negligence or failure to provide safety equipment and training, or because of a violation of a safety rule like the Boiler Inspection Act. If the jury finds in favor of a plaintiff the railroad must pay the damages awarded. The jury should be properly educated on the law prior to their deliberations.