The Federal Employers Liability Act Protects Railroad Workers As the railroad industry continues to grow, so too does the risk of getting injured while working Railroad workers aren't covered by state-run workers' compensation programs Instead, they are protected by a federal law that protects them from 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 a unique set of safety issues when working This is why they are required to meet higher standards when it comes to workplace-related injuries When a worker is injured while working it can be devastating and impact their entire life Luckily there are laws that protect workers and ensure that they get the compensation they deserve The Federal Employers Liability Act FELA allows railroad workers who are injured to sue their employers FELA differs from the regular workers' compensation which protects workers in other sectors In contrast to workers' compensation, FELA claims are fault-based and must be proven through the evidence of negligence or inattention This is where a FELA lawyer can really help Congress passed FELA 1908 The law stipulates that a railroad carrier is liable for an injury or death of their employees https//vimeocom/708253240 applies in the event that the incident occurred within the scope and course of the employee's work and was caused by the carrier's negligence This could be due to the carrier's failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act The law was passed to protect railroad workers but it also establishes high standards of accountability for employers in all sectors Generally, workers' compensation and FELA are not viewed as the same by judges, but this is changing as more cases are being filed under the FELA This is why it is crucial to understand the distinctions between these two laws so you can determine which one is suitable for your situation The Lanier Law Firm is experienced in representing railroad workers, and can help you file a claim under FELA Purpose In general, employers are accountable to ensure the safety of their employees at work This is particularly true for workers who work in high-risk fields such as construction or utilities In some cases however, an employer's negligence can result in workers being injured or even dying Employers in these industries must adhere to more stringent safety rules If someone is injured while working they are entitled to be compensated for medical expenses and lost earnings Railroad workers are protected under federal laws that differ from the workers' compensation laws These laws, also known as the Federal Employers' Liability Act or FELA, require a worker 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 would be compensated for injuries they sustained The law was not designed to provide railroad workers with complete compensation 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 an employee's claim on the basis of negligence that is contributory As a rule an injured worker must prove the following three things in order to be awarded damages under the FELA Scope Railroad employees are in an unique work environment that is characterized by the risk of its own If they get injured while working they may have an action right against their employer under a Federal law known as the Federal Employers Liability Act, USC 51 et seq This law isn't just designed to safeguard workers, it also sets high standards for employers to meet A Tennessee worker seeking compensation under FELA must establish four elements 1 the injury occurred within the scope of employment; 2 the employee was acting within the course and of the scope of his duties; 3 the conduct that was at issue was in the service of the employers interstate transportation business and 4 the railroad was negligent and its negligence played some part in causing the injury Many injuries are covered under either workers compensation or FELA, some cases may involve 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 distinctions will save you money and time as well as avoid unnecessary confusion Limitations Employers are accountable for the security and well-being of their employees Certain industries and professions carry a greater risk of injury This is why these employers are required to adhere to a stricter standard of safety standards Workers in high-risk fields such as utilities and construction, for example, are often covered under worker's compensation law These state-specific laws offer the right to compensation for workers injured on the job Railroad workers are also covered by the Federal Employers' Liability Act that is codified in the form of 45 USC 51-60 In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by negligence of their employers or violation of federal safety regulations Contrary to the state laws governing workers' compensation, FELA does not automatically provide injured railroad workers with full compensation It requires railroad workers who have been injured to demonstrate that negligence by their employers caused their injuries FELA claims are usually handled in federal courts and railroad workers who are injured are entitled to have their cases decided by juries In a jury trial, the jury will decide whether the railroad is responsible for the death or injury of an employee who was injured The conclusion must be based on the evidence presented in the case It must also include evidence that the railroad did not exercise a duty of care towards its employees, and that this negligence led to or contributed to the death or injury The jury must also find the railroad in violation of one or more of the statutes mentioned in the FELA instructions This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act The jury will then decide the amount to which the plaintiff must be accountable The jury may reduce the amount by the percentage that the plaintiff's negligence was responsible to or caused the death or injury Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite This law was distinct from the laws for workers' compensation in the individual states and created an opportunity for injured railroad workers could directly sue their employers FELA establishes high standards for the employer's obligations, and permits 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 that own and maintain railway tracks that are utilized by other interstate railroads Railroad employees are not covered by state workers' compensation and gives them the ability to seek damages if they are injured while at work as a result of a violation or negligence by their employer To prevail in a lawsuit brought under FELA an injured railroad worker has to show that their employer acted in violation of the law and that the violation led to the injury or death The burden of evidence in a FELA case is on the plaintiff and the court has the power to order a trial by jury in the purpose of a FELA claim To win a FELA lawsuit, an employee must show that the railroad was at fault for their injuries or death They must prove that they were injured or killed due to the railroad's negligence, or inability to provide safety equipment and training, or because of a violation of a safety rule such as the Boiler Inspection Act If the jury decides that a plaintiff is the winner the railroad must compensate the damages that were awarded Before they begin their deliberations, the jury has to be fully informed about the law