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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows as is the chance of being injured on the job. In contrast to other types of workers railroad workers do not have access to the state-run worker's compensation systems. They are protected under a federal law from employer negligence. Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here is what you must know about the Financial Liability Act (FELA). Definition Railroad workers face unique safety challenges. In turn, they are expected to adhere to higher standards when it comes to injuries that are related to work. When a worker is injured on the job, it can be extremely devastating and impact their entire life. Thankfully, there are laws that protect these workers and ensure they receive the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation, which covers workers in other industries. In contrast to workers compensation, FELA claims must be proven by proving the negligence of the employer. A FELA attorney can be a great resource. Congress adopted FELA (1908). The law states that railroad carriers can be held liable for the injury or death of an employee. This is only the case if the accident happened in the course and scope of the employee's work and was caused by the carrier's negligence. This could include the insufficient safety equipment, training and procedures, or violations 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 sectors. Judges generally do not consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. It is essential to be aware of the distinctions between these laws in order to determine which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing an action under FELA. Purpose As a general rule, employers are responsible for ensuring their employees' safety at work. This is particularly relevant for those who work in highly risky fields such as construction or utilities. In some instances, however, an negligent employer can lead to workers being injured or even dying. Employers in these fields must adhere to stricter safety rules. When an employee is injured while at work, they must be compensated for their medical expenses as well as lost income. Workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injury was caused due to the negligence of their employer. In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. The law was not meant to provide railroad workers with full compensation. The law requires railroad workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from refusing to accept a claim based on the negligence of a contributor. In general, an injured worker has to prove three things in order to receive damages under the FELA. Scope Railroad employees enjoy a unique working environment that comes with its own set of hazards. When they are injured on the job, they have the right to sue their employer under a Federal statute known as The Federal Employers? Liability Act, 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 prove four elements: 1.) the injury occurred within the scope of employment, 2) the employee acted in the course and scope of his or her duties 3) the act in question furthered the employer's interstate transportation business, and 4) the railroad was negligent. Certain cases could fall under both workers compensation and FELA. The two laws differ in many ways, and a skilled attorney can help you determine which one is best suited to your needs. Understanding these differences will save you time and money as well as to avoid confusion. Limitations Employers are accountable for the security and well-being of their employees. However certain jobs and industries pose a higher risk of injury than others. Therefore, those employers are held to a stricter standard of safety standards. For instance, workers in high-risk industries like construction and utilities are often protected by laws governing worker's compensation. These state-specific laws offer workers compensation in the event that they are injured during their job. In the same way, railroad workers are covered under 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 in violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to injured railroad workers. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims will be considered in federal courts, and railroad employees who have been injured are entitled to trial by jury. In a trial that is a jury, the jury must decide if the railroad is liable for the death or injury of an injured employee. This finding is based on the proofs presented in the case, for example, that the railroad was negligent in failing to fulfill the proper care for its workers, and that the railroad's negligence led to or contributed to causing, the injury or death. Furthermore the jury must 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. Finally, the jury must determine the amount of damages that the plaintiff is responsible and may also reduce the amount of the award by the percentage of the plaintiff's negligence that caused or contributed to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who suffered injuries on the job. This law was different from the laws governing workers' compensation in individual states and provided a system through which injured railroad workers could sue their employers directly. FELA establishes high standards for employers' obligations and allows injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads who manage and own railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state workers' compensation laws and allows for claiming damages when they are injured on the job because of a violation to federal safety regulations or due to the negligence of their employer. To be fela case settlements in a lawsuit under FELA the injured railroad worker must show that their employer violated the law and that the violation caused or caused their death or injury. The burden of proof in a FELA case is on the plaintiff, and the court is able to order a trial by jury in the purpose of a FELA claim. To win a FELA lawsuit the employee must show that the railroad was accountable for their injuries or death. They must show that they were injured or killed as a result of the negligence of the railroad, its failure to provide safety education and equipment, or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If a jury gives damages to a plaintiff in an award the railroad is accountable for paying the damages. Before they begin their deliberations, the jury must be fully informed about the law.