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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to grow, so too does the risk of being injured on the job. Unlike other types of workers railroad workers don't have access to state-run worker's compensation systems. They are protected by federal law against employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).
Definition
Railroad workers face a unique set of safety challenges while on the job. In turn, they are expected to adhere to higher standards in regards to work-related injuries. A worker's injury on the job can have devastating consequences for their lives. Fortunately there are laws in place to protect workers and ensure that they receive the compensation they require.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' compensation, which covers state workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or inattention. A FELA attorney can be a great resource.
Congress approved FELA in 1908. The law stipulates that railroad carriers can be held liable for the death or injury of an employee. This liability only applies if the accident happened in the scope and course of the employee's duties and was caused by negligence on the part of the carrier. This includes failure to provide the proper safety equipment, training, or procedures or infractions of the Safety Appliance Act.
The law was enacted to protect railroad workers but it also creates high standards of liability for employers in all sectors. Generally speaking, workers' compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. This is why it is crucial to understand the differences between these two laws to choose which one is 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 rule employers are responsible to ensure their employees are safe at work. This is especially relevant for those who work in high-risk fields like construction and utilities. In certain instances the negligence of an employer can cause a worker to be injured or even dying. Employers in these sectors must adhere to more stringent safety rules. When a person gets injured while working, they deserve to be compensated for their medical bills and lost income.
Railroad workers are protected under federal laws that differ from workers' compensation laws. These laws, known as the Federal Employers' Liability Act (FELA), require workers to prove that their injury was caused by an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. It was not intended to provide railroad workers with full compensation on the spot. The law requires workers to demonstrate that the railroad was negligent in causing their injury. The law prohibits employers from denying a claim that is based on the negligence of a contributor.
As a rule, an injured worker must prove the following three things to be awarded damages under FELA:
Scope
Railroad workers face a variety of risks. If they get injured while working, 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 pivotal law doesn't just 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 in the scope of work; (2) the employee was acting within the scope and of the scope of his duties; (3) the conduct was in the interest of the employer's interstate transportation business; and (4) the railroad was negligent and its negligence caused the injury.
Certain cases could fall under both workers' compensation and FELA. Both laws differ in many ways. An experienced lawyer can help you determine which law is best for your situation. Understanding these differences will save you money and time and also avoid confusion.
Limitations
Employers across the country are accountable to ensure that their employees are safe and unharmed. However certain occupations and industries are more prone to injury than other. These employers are therefore required to meet a higher standard of safety standards. The workers in high-risk industries 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 job. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60).
In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by their employer's negligence or in violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to injured railroad workers. It requires injured railroad workers prove that negligence by their employers was the reason for their injuries.
FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to trial by jury. In a jury trial the jury has to decide that the railroad was responsible for the injuries sustained by an injured employee or death. This conclusion must be based on the evidence provided in the case including that the railroad was negligent in failing to exercise the proper care for its employees and that the railroad's negligence caused or contributed to causing the death or injury.
Furthermore the jury must find that the railroad was in violation of one or more of the laws stipulated 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 to which the plaintiff has to be held liable. The jury may reduce the amount by the proportion that negligence by the plaintiff contributed to or caused the death or injury.
Applicability
In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who suffered injuries while working. This law was different from the laws for workers' compensation in the individual states and created an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and allows injured railroad workers to claim damages in the event of injuries.
FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. Railroad employees are not covered by state workers' compensation and provides a way to seek damages if they are injured while at work due to a violation or negligence by their employer.
To be successful in a lawsuit filed under FELA the injured railroad worker must prove that their employer violated the act and that the breach caused or contributed to their injury or death. The burden of proof in a FELA case rests with the plaintiff and the court has the authority to order a trial by jury in the purpose of a FELA claim.
To win a FELA claim, an employee must prove that the railroad caused or contributed to their injury or death. They must prove that they were injured or killed because of the negligence of the railroad, its failure to provide safety training and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If fela railroad settlements damages to a plaintiff in a verdict the railroad is responsible for the payment of the damages. Before they begin their deliberations, the jury should be informed of the law.