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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand, so too does the risk of being injured while working. As opposed to other types of employees, railroad workers do not have access to state-run worker's compensation systems. They are protected under a federal law from employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here's what you need to know about it.
Definition
Railroad workers face a unique variety of safety concerns when working. In turn, they are required to meet higher standards in regards to work-related injuries. If a worker is injured on the job it can be devastating and impact their entire life. Luckily there are laws in place to protect these workers and ensure that they receive 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. In contrast to workers' compensation, FELA claims are fault-based and must be proven through the evidence of negligence or recklessness. A FELA attorney is a great resource.
Congress adopted FELA in 1908. The law stipulates that railroad companies are liable for an injury or death of their employees. However, this only applies when the incident occurred in the course of 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 offer protection to railroad workers, it also sets high liability standards for employers across all industries. In general, workers compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. This is why it is important to know the distinctions between these two laws, so that you can determine which one is suitable for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.
Purpose
In general employers are responsible for ensuring their employees' safety at work. This is especially applicable to workers in high-risk sectors such as utilities and construction. In some cases however, an employer's negligence can result in a worker getting hurt or even dying. Employers in these sectors must adhere to stricter safety rules. When an employee is injured while at work, they must be compensated for medical expenses and lost income.
Railroad workers are protected by federal laws that differ from the laws governing workers' compensation. These laws, also known as the Federal Employers' Liability Act or FELA will require that a person prove that their injury was caused due to the negligence of an employer.
In 1908, Congress passed FELA in order to ensure that railroad employees would be compensated for injuries. The law was not intended to give railroad workers full compensation automatically. 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 prove the following three things to be awarded compensation under FELA:
Scope
Railroad employees are in a unique working environment that has its own set of risks. If they are injured at work, they can sue their employer under a Federal Statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just designed to protect workers but sets high standards for employers to follow.
A Tennessee worker seeking compensation under FELA must demonstrate four things: 1)) the injury occurred within the context of employment, 2) the employee acted in the course and scope of the duties he or she performed, 3) the conduct at issue contributed to the employer's interstate transportation business and 4) the railroad was negligent.
Some cases may 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 particular situation. Knowing these differences can save you time and money, as well as avoiding unnecessary confusion.
Limitations
Employers across the United States are responsible for keeping their employees safe and unharmed. However fela settlements and industries have a higher risk of injury than others. Employers are subject to a higher level of safety guidelines. For example, workers in high-risk sectors such as utilities and construction are usually covered by worker's compensation laws. State-specific laws give workers compensation if they're injured during their work. Similarly, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60).
In 1908, Congress passed the FELA. This law permits injured railroad workers to seek damages from employers caused by their negligence or violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to injured railroad workers. Instead, it requires railroad workers injured to show that their employer was "legally negligent" in causing their injuries.
FELA claims are generally considered in federal court and railroad workers who have been injured are entitled to have their cases ruled by jury. In a case that is a jury, the jury must find that the railroad is liable for the injury or death of an employee or death. This conclusion must be based on evidence presented in the case, for example, that the railroad was negligent in not exercising a reasonable duty of care for its workers, and the negligence of the railroad caused or contributed to causing the injury or death.
The jury must also find that the railroad is in breach of one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will then determine the amount for which the plaintiff must be accountable. The jury may reduce the amount by a 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 (FELA) to provide protection for railroad workers who sustained injuries while on the job. This law was different than the laws for workers' compensation in each state and provided an opportunity for injured railroad workers could sue their employers directly. FELA establishes high standards for employers' obligations, and permits injured railroad workers to seek damages.
FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and provides a mechanism for claiming damages when they are injured at work because of a violation of federal safety statutes or the negligence of their employer.
To be successful in a lawsuit filed under FELA, an injured railroad worker must prove that their employer violated the act and that the breach caused or caused their death or injury. The burden of evidence in a FELA case rests with the plaintiff and the court has the authority to order a trial by jury in an FELA claim.
To prevail in a FELA lawsuit, an employee has to show that the railroad was responsible for their death or injury. They must show that they were injured or killed due to the negligence of a railroad, their 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 finds in favor of a plaintiff the railroad must compensate the damages that were awarded. The jury should be properly educated on the law before they begin deliberations.