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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand, so too is the possibility of being injured at work. Unlike other types of workers railroad workers do not have access to state-run workers' compensation systems. They are protected under federal law against employer negligence.
Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to know about the Liability Act (FELA).
Definition
Railroad workers face unique safety challenges. To avoid accidents that result from work, railroad employees are held to a higher standard. An injury sustained by a worker during work can have a devastating impact on their life. Luckily there are laws that protect workers and ensure that they receive the compensation they are due.
The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' compensation, which protects state workers in other sectors. In contrast to workers' compensation, fela railroad accident lawyer claims must be established by proving the employer's negligence. A FELA attorney can be a great resource.
Congress approved FELA in 1908. The law states that a railroad carrier is liable for an injury or death of their employees. This liability is only applicable in the event that the incident occurred within the scope and course of the employee's duties and was caused by 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 passed to protect railroad workers, it also sets high-risk standards for all employers. 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 crucial to understand the differences between these two laws to determine which one is suitable for your situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA.
Purpose
In general employers are accountable for ensuring their employees' safety at work. This is particularly relevant for workers in high-risk industries such as construction and utilities. In certain cases the negligence of an employer can lead to a worker being injured or even dying. Employers in these sectors must follow stricter safety rules. When an employee is injured at work, they should be compensated for medical expenses as well as lost income.
Railroad workers are protected by federal laws that differ from the workers' compensation laws. These laws, known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was the result of an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. It was not intended to grant railroad workers complete compensation on the spot. Instead, the law requires that the 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.
As a rule, an injured worker must demonstrate the following three elements to be awarded damages under the FELA:
Scope
Railroad workers are at risk in a unique way. If they get injured on the job, they have a cause of action against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to safeguard workers, it also sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of employment; (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 transport business and (4) the railroad was negligent and its negligence caused the injury.
While a lot of 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 seasoned attorney can help you determine which one best suits your needs. Understanding these differences will save you money and time, as well avoid confusion.
Limitations
Employers across the United States are responsible to ensure that their employees are secure and free of harm. However certain jobs and industries pose a higher risk of injury than others. They are thus held to a higher standard of safety standards. For instance, workers in high-risk fields such as utilities and construction are usually protected by laws governing worker's compensation. These state-specific laws provide compensation to workers injured while working. In the same way, 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 the FELA. This law permits railroad workers injured by injuries to sue employers for damages due to their negligence or in violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of 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 are typically heard in federal court and railroad workers who are injured are entitled to have their cases ruled by jury. In a jury trial the jury must decide if the railroad is accountable for the death or injury of an injured employee. This conclusion should be based upon the evidence that is presented in the case. It must be based on the fact that the railroad failed to exercise a duty of care to its employees and that the negligence caused the death or injury.
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 Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages that the plaintiff is liable, and it may reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed 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 job. This law was distinct from the workers' compensation laws of individual states, and established a system by which railroad workers who were injured could directly sue their employers. FELA sets high standards for employer responsibilities and permits railroad workers injured to claim damages in the event of injuries.
FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that manage and own railroad lines that are utilized by interstate railroads. Railroad employees are exempt from state workers' compensation and gives them the ability to claim damages in the event that they are injured at work as a result of a violation or negligence by their employer.
To prevail in a lawsuit brought under FELA railroad workers who have been injured has to show that their employer acted in violation of the law and that the violation led to their injury or death. The burden of proof in a FELA case lies with the plaintiff, and the court has the authority to order a jury trial for a FELA claim.
To be successful in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their injuries or death. They must show that they were injured or killed because of the negligence of the railroad, its failure to provide safety education and equipment, or in violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff after an award the railroad is accountable for paying the damages. The jury should be properly informed about the law before they begin deliberations.