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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand, so too is the chance of being injured while working. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they are covered by a federal law that shields them from employer negligence.
Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here is what you should know about the Federal Employers.
Definition
Railroad workers face unique challenges in safety. To avoid work-related accidents, railroad workers are held to the highest standards. When a worker is injured on the job it can be devastating and impact their entire life. Thankfully there are laws to protect these workers and ensure they get the compensation they require.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation, which covers state workers in other sectors. In contrast to workers compensation, FELA claims must be proven by proving the negligence of the employer. This is where a FELA lawyer can really assist.
Congress approved FELA in 1908. The law states that railroad companies are accountable for injuries or death of their employees. This is only the case when the incident occurred in the scope and course of the employee's duties and was caused by the negligence of the railroad company. 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.
Despite the fact that the law was enacted in order to provide protection to railroad workers, it also creates strict liability requirements for employers in all industries. Judges generally do not consider workers' compensation and FELA to be the same, but that is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws in order to choose which is best for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing a claim under FELA.
Purpose
As a rule employers are accountable for keeping their employees safe at work. This is especially relevant for employees in high-risk fields such as construction and utilities. In some instances the employer's negligence could result in a worker getting hurt or even dying. Employers in these sectors must adhere to stricter safety regulations. When a person gets injured on the job and suffers a serious injury, they should be compensated for their medical bills and lost income.
While the laws on workers' compensation cover many workers in the United States, there are particular federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA requires that a worker prove that their injury was caused by the negligence of their employer.
In 1908, Congress passed fela claims railroad employees in order to ensure that railroad employees would receive compensation for their injuries. The law was not intended to grant railroad workers complete compensation automatically. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denying a claim that is based on contributory negligence.
In general, an injured worker has to be able to prove three things to be eligible for compensation under the FELA.
Scope
Railroad workers face a variety of risks. When they are injured while working, they 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 pivotal law doesn't just protect workers, but also sets high standards for employers to meet.
A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of employment; (2) the employee was acting in the course and of the scope of his 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 played some part in causing the injury.
Certain cases could be covered under both workers compensation and FELA. Both laws are different in many ways. An experienced attorney can help determine which law is appropriate for your particular situation. Understanding these distinctions will help you save time and money and also avoid confusion.
Limitations
Employers are responsible for the safety and well-being of their employees. However certain jobs and industries are more prone to injuries than others. This is why these employers are required to adhere to a stricter standard of safety guidelines. Workers in high-risk fields like construction and utilities, for instance, are usually protected under the law on worker's compensation. These state-specific laws offer workers compensation if they are injured during their work. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60).
In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to sue employers for damages caused by their negligence or a violation of federal safety laws. Contrary to the laws of state workers' compensation, FELA does not automatically award injured railroad workers full compensation. Instead it requires railroad workers injured to show that their employer was "legally negligent" in causing their injuries.
FELA claims will be heard in federal courts, and railroad employees who are injured are entitled to trial by jury. In a jury trial the jury has to decide that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion must be based upon the evidence provided in the case. It must be based on the fact that the railroad failed to exercise a duty of care to its workers and that the negligence contributed to the injury or death.
Moreover the jury must find that the railroad did not comply with one or more of the statutes stipulated 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 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 settlements) to offer protection for railroad workers who suffered injuries while working. This law was distinct from the workers' compensation laws of each state, and created a system in which railroad workers injured in an accident could directly sue their employers. FELA establishes high standards for employers' obligations and allows injured railroad employees to recover damages.
FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad workers are exempted from state workers' compensation laws and allows for claiming damages when they are injured while working because of a violation of federal safety laws or the negligence of their employer.
To prevail in a lawsuit brought under FELA railroad workers who have been injured has to prove that their employer violated the law and that this violation caused or contributed their injury or death. In a FELA lawsuit, the burden of proof is on the plaintiff. The court can order a jury to hear a FELA claim.
To prevail in a FELA lawsuit the employee must show 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 failure to provide safety equipment and training, or because of a violation of a safety act such as the Boiler Inspection Act. If the jury is found to be in favor of a plaintiff, the railroad must pay the damages that were awarded. The jury must be properly instructed about the law prior to beginning deliberations.