The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing, and so are the risks of getting injured on the job. As opposed to other types of employees, railroad workers do not have access to state-run worker's compensation systems. Instead, they are protected by a federal law that protects workers from negligence by employers.
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 unique safety challenges. To prevent accidents at work, railroad workers are held to an elevated standard. A worker's injury on the job can have devastating effects on their lives. Thankfully, there are laws that protect workers and make sure 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 covers state workers in other sectors. Unlike workers' comp, FELA claims are fault-based and require the evidence of the employer's negligence or inattention. A FELA attorney is a great resource.
Congress passed FELA in 1908. The law stipulates that a railroad carrier is accountable for injuries or death of their employees. This is only the case in the event that the incident occurred within the context of the employee's work and was caused by negligence on the part of the carrier. This could be due to the carrier's insufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was enacted to protect railroad workers but it also sets high standards of accountability for employers in all industries. 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. Therefore, it is important to know the distinctions between these two laws to determine which one is suitable for your situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in submitting a claim under the FELA.
Purpose
In general, employers are accountable to ensure the safety of their employees while at work. This is especially true for workers in high-risk sectors such as utilities and construction. In some instances the employer's negligence can result in workers being injured or even dying. Employers in these sectors must adhere to more stringent safety regulations. When a person gets injured on the job, they deserve to be paid for their medical bills and lost earnings.
Railroad workers are protected under federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act or FELA requires that a worker to prove that their injuries were resulted from the negligence of an employer.
In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not intended to provide railroad workers with full compensation. The law requires that workers demonstrate that the railroad was negligent in causing their injuries. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory.
In general an injured worker must to prove three things in order to receive damages under the FELA.
Scope
Railroad employees have a unique working environment that comes with its own set of risks. If they suffer injuries at work, they can sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not only important to protect workers, it also sets high standards for employers must meet.
A Tennessee worker seeking compensation under FELA must prove four things: 1) the injury occurred within the scope of employment,) the employee acted in the course and scope of the duties he or she performed, 3) the act in question contributed to the employer's interstate transportation business and 4) the railroad was negligent.
While a lot of injuries fall under either workers' compensation or FELA, some cases may involve both. Both laws differ in various ways. A knowledgeable lawyer can assist you in determining the best law for your particular situation. Understanding these distinctions can save you time and money, and also avoid unnecessary confusion.
Limitations
Employers are responsible for ensuring the safety and well-being of their employees. However certain occupations and industries have a higher risk of injuries than others. Thus, these employers are held to a stricter standard of safety guidelines. For instance, workers in high-risk industries like construction and utilities are often covered by worker's compensation laws. These state-specific laws offer workers compensation if they're injured during their work. In the same way, railroad workers are protected 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 railroad workers injured by accidents to sue their employers for damages caused by their employer's negligence or violation of federal safety statutes. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers injured. Instead it requires railroad workers injured to show that their employer was "legally negligent" in causing their injuries.
FELA claims will be heard in federal courts, and railroad employees who are injured are entitled to a jury trial. In fela lawyers will decide whether the railroad is responsible for the death or injury of an employee who has been injured. This conclusion must be based on the proofs provided in the case for example, that the railroad was negligent in failing to exercise the proper care for its employees and that the railroad's negligence led to, or contributed to cause, the injury or death.
Moreover the jury has to determine that the railroad has 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. The jury will then determine the amount for which the plaintiff has to be held liable. It could reduce the amount by the proportion that the plaintiff's negligence contributed to the injury or death.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was distinct from the laws governing workers' compensation of each state, and created a system in which railroad workers injured in an accident 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 who have their own rail lines that are used by interstate railroads. Railroad workers are exempt from state laws on workers' compensation and allows for claiming damages when they are injured on the job because of a violation of federal safety regulations or due to the negligence of their employer.
In order to win a lawsuit under FELA an injured railroad worker has to prove that their employer violated the law and that the violation caused or contributed their injury or death. The burden of the burden of proof in a FELA case rests with the plaintiff, and the court is able to order a jury trial in the purpose of a FELA claim.
To win a FELA lawsuit the employee must show that the railroad was at fault for their injury or death. 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 law like the Boiler Inspection Act or Safety Appliance Act. If the jury decides to award damages to a plaintiff following an award the railroad is responsible for paying the damages. The jury must be properly educated on the law before they begin deliberations.