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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand as is the possibility of being injured at work. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they are covered by a federal law that protects them from negligence by employers.
This federal law is known as the Federal Employers? liability act fela Act (FELA). Here's what you need to know about it.
Definition
Railroad workers face unique safety challenges. To prevent work-related accidents, railroad workers are held to an elevated standard. If a worker gets injured on the job it can be devastating and have a negative impact on their life. Luckily, there are laws to protect these workers and ensure that they receive the compensation they are due.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation, which covers state workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of negligence or carelessness. This is where a FELA lawyer can really help.
Congress adopted FELA (1908). The law states that railroad carriers are liable for an injury or death of their employees. However, this only applies if the accident occurred while during the employee's job and resulted due to the negligence of the railroad company. This includes the failure to provide the proper safety equipment, training, or procedures, or violations of the Safety Appliance Act.
Despite the fact that the law was enacted to protect railroad workers, it also establishes high-risk standards for employers in all industries. Judges generally do not think of workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. This is why it is important to know the differences between the two laws, so that you can decide which one is the best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in submitting a claim under the FELA.
Purpose
As a rule employers are accountable for keeping their employees safe at work. This is especially applicable to workers in high-risk sectors such as construction and utilities. In some instances the employer's negligence can result in a worker getting hurt or even dying. Because of this, employers in these fields are held to stricter safety guidelines. If an employee gets injured at work, they should be compensated for medical expenses as well as lost income.
While workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) requires a worker to prove their injury was the result of an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not intended to grant railroad workers complete payment on a regular basis. Instead, the law requires that the injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory.
In general, an injured worker must prove the following three elements to be awarded compensation under FELA:
Scope
Railroad employees enjoy an unique work environment that has the risk of its own. If they get injured at work they may have an action right against their employer under a Federal law 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 show four things: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting in the course and of their duties; (3) the conduct was in the interest of the employer's interstate transport business and (4) the railroad was negligent and caused the injury.
While a lot of injuries fall under either workers compensation or FELA laws certain cases could fall under both. The two laws differ in many ways, and a skilled lawyer can help you decide which one is most suitable for your requirements. Understanding these differences will help you save time and money as well as avoid unnecessary confusion.
Limitations
Employers across the United States are responsible for keeping their employees safe and unharmed. However certain occupations and industries are more prone to injury than others. These employers are therefore held to a higher standard of safety guidelines. For instance, employees in high-risk sectors such as construction and utilities are often covered by worker's compensation laws. These state-specific laws offer workers compensation in the event that they are injured in the course of their work. In the same way, railroad workers are 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 injured railroad workers to sue their employers for damages incurred by negligence of their employers or violation of federal safety laws. In contrast to state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. 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 a jury trial. In a jury trial the jury will decide whether the railroad is liable for the death or injury of an injured employee. This finding must be based on proofs presented in the case, which include that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers and the negligence of the railroad caused, or contributed to cause the death or injury.
Furthermore, the jury must also determine that the railroad has violated one or more of the laws that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount of damages that the plaintiff is liable and can reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the death or injury.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was distinct from the workers' compensation laws in individual states and provided an avenue through which injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers to recover damages in cases of injury.
FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a mechanism to claim damages if they are injured at work due to a violation of federal safety laws or the negligence of their employer.
To succeed in a lawsuit under FELA an injured railroad worker must prove that their employer has violated the law and that the violation led to or contributed to their injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may decide to require a jury to consider the FELA claim.
To win a FELA lawsuit the employee must prove that the railroad was at fault for 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 is found to be in favor of a plaintiff, the railroad must pay the damages that were awarded. The jury must be properly informed about the law prior to their deliberations.