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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and with it comes the risk of getting injured on the job. Railroad workers are not covered by state-run workers' compensation programs. They are protected under a federal law against employer negligence. This federal law 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 work-related accidents, railroad workers are held to the highest standards. A worker's injury at work can have a a devastating impact on their life. Fortunately there are laws in place to protect workers and ensure that they get the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the standard workers' compensation, which protects state workers in other sectors. Unlike workers' compensation, FELA claims must be proved by proving an negligence of the employer. A FELA attorney is a great resource. Congress passed FELA in 1908. The law stipulates that railroad companies is liable for the injury or death of an employee. However, this only applies when the incident occurred during the employee's work and resulted due to the negligence of the railroad company. This could be due to the carrier's insufficient 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 sets high standards of liability for employers in all sectors. Generally speaking, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. It is crucial to know the distinctions between these laws in order to determine which one is the best for your situation. fela accident attorney has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA. Purpose In general, employers are required to ensure the safety of their employees while at work. This is especially true for workers in high-risk sectors, like construction and utilities. In certain instances, an employer’s negligence can result in a worker being injured or even dying. For this reason, employers in these fields are required to adhere to stricter safety standards. If an employee gets injured at work, they should be compensated for medical expenses and loss of income. While workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injuries were resulted from the negligence of their employer. In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not designed to give railroad workers full compensation. Instead the law requires the injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from refusing to accept a claim due to contributory negligence. As a rule an injured worker must prove the following three elements to be awarded compensation under FELA: Scope Railroad workers are at risk in a unique way. If they suffer injuries on the job they are entitled to an action right against their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This pivotal law doesn't just protect workers but sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the course of the employee's job; (2) the employee was acting within the course and scope of his or her duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. While a lot of injuries are covered under either workers' compensation or FELA certain cases could fall under both. Both laws differ in various ways. A knowledgeable attorney can help determine which law is appropriate for your particular situation. Understanding these distinctions will save you time and money as well as avoid unnecessary confusion. Limitations Employers are responsible for ensuring the health and safety of their employees. However, certain industries and jobs are more prone to injury than other. Employers are required to meet a higher standard of safety standards. Workers in high-risk fields like utilities and construction for instance, are usually covered under worker's compensation law. These state-specific laws offer the right to compensation for workers injured on the job. The same is true for railroad workers. 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 in the line of duty to sue their employers for damages caused due to their employer's negligence or violation of federal safety statutes. Unlike state workers' compensation laws, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers show that negligence by their employers was the reason for their injuries. FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to a jury trial. In a case that is a jury the jury has to decide that the railroad was liable for the injuries sustained by an injured employee or death. The conclusion must be based on the evidence provided in the case. It must also include evidence that the railroad failed to exercise a duty of care to its employees and that negligence contributed to the death or injury. Furthermore the jury has to find that the railroad was in violation of one or more of the statutes stipulated in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then decide the amount for which the plaintiff has to be held liable. It may reduce the amount by the percentage that the plaintiff's negligence was responsible to or caused the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who sustained injuries on the job. This law was distinct from the laws on workers' compensation of each state, and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows railroad workers who have been injured 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 railway tracks that are utilized by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and provides a means to claim damages if they are injured while working due to a violation of federal safety statutes or the negligence of their employer. To win a lawsuit under FELA railroad workers who have been injured has to show that their employer acted in violation of the law and that this violation led to 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 show that the railroad was accountable for their death or injury. They must prove that they were injured or killed because of the railroad's negligence or inability to provide safety equipment and/or training, or in violation of a safety law such as the Boiler Inspection Act. If the jury finds in favor of a plaintiff the railroad must compensate the damages that were awarded. The jury must be properly educated on the law prior to beginning deliberations.