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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding, and with it, the chances of being injured on the job. Railroad workers aren't covered by the state-run workers' compensation systems. They are protected under a federal law from employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face a distinct set of safety issues on the job. This is why they are required to meet higher standards in regards to injuries that are related to work. When a worker is injured while working it can be devastating and affect their entire life. Luckily there are laws that protect workers and ensure they get 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 state workers in other industries. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or carelessness. A FELA attorney can be of great assistance. Congress approved FELA (1908). The law stipulates that railroad carriers are accountable for injuries or death of their employees. This liability is only applicable if the accident happened in the context of the employee's job, and was caused by negligence on the part of the carrier. This could include the failure to provide the proper safety equipment, training, and procedures or infractions of the Safety Appliance Act. Despite the fact that the law was passed in order to provide protection to railroad workers, it also establishes strict liability requirements for all employers. Judges do not generally consider workers' compensation and FELA to be the same, however that is changing as more FELA cases are filed. This is why it is essential to understand the differences between these two laws, so that you can decide which one is the best 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 required to ensure the safety of their employees while at work. This is especially relevant for workers in high-risk sectors such as utilities and construction. In some instances however, an negligent employer can lead to a worker getting hurt or even dying. Because of this, employers in these industries are required to adhere to stricter safety guidelines. When an employee is injured while at work, they must be compensated for their medical expenses and loss of income. While the laws on workers' compensation apply to a wide range of workers in the United States, there are particular federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. It was not intended to provide railroad workers with full payment on a regular basis. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. As a rule an injured worker must demonstrate the following three things in order to be awarded compensation under FELA: Scope Railroad workers face unique risks. When they are injured on the job they are entitled to a cause of action against their employer under a Federal statute known as The Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not just important to protect workers, but also sets standards that employers must adhere to. A Tennessee worker seeking compensation under FELA must demonstrate four things: 1) the injury occurred within the context of employment,) the employee acted within the course and scope of his or her duties, 3) the conduct in question contributed to the employer's interstate transportation business and four) the railroad was negligent. Some cases may be covered under both workers' compensation and FELA. Both laws differ in many ways. An experienced lawyer can assist you in determining which law is appropriate for your particular situation. Knowing these distinctions can save you time and money as well as avoid unnecessary confusion. Limitations Employers across the United States are responsible to ensure that their employees are protected and safe. Certain industries and professions carry a greater chance of injuries. They are thus subject to a higher level of safety standards. For example, workers in high-risk industries like construction and utilities are often covered by worker's compensation laws. These state-specific laws provide compensation to workers injured on the job. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 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 negligence of their employers or violation of federal safety laws. Contrary to the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to show that their employer's negligence caused 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 must decide if the railroad is accountable for the injury or death of an injured employee. This conclusion must be based on the proofs presented in the case, including that the railroad was negligent in failing to exercise the proper care for its employees and the negligence of the railroad caused or contributed to the cause of, the injury or death. Additionally, the jury must also determine that the railroad has violated 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. The jury will determine the amount for which the plaintiff is accountable. It could reduce the amount by the percentage that the plaintiff's negligence contributed to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who had suffered injuries while on the job. This law was different than the laws governing workers' compensation in individual states and provided an opportunity for injured railroad workers could sue their employers directly. FELA sets high standards for the duties of employers and permits railroad workers injured to seek compensation in the event of injury. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. Railroad workers are exempt from state laws on workers' compensation and provides a mechanism for claiming damages when they are injured on the job due to a violation of federal safety laws or the negligence of their employer. In order to win a lawsuit under FELA the injured railroad worker must show that their employer has violated the law and that the breach caused or contributed to their injury or death. The burden of evidence in a FELA case lies with the plaintiff and the court is able to order a trial by jury for a FELA claim. To prevail in a FELA lawsuit, an employee must prove that the railroad was responsible for their death or injury. They must prove that they were injured or killed because of the negligence of the railroad, its inability to provide safety training and equipment, or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff after an award the railroad is accountable for paying the damages. fela attorneys has to be properly educated on the law prior to beginning deliberations.