The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and with it, the chances of getting injured at work. In contrast to other types of workers railroad workers don't have access to state-run workers' compensation systems. Instead, they have a federal law that protects them from negligence by employers.
This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here is the information you should know about the Federal Employers.
Definition
Railroad workers face unique safety challenges. To avoid accidents that result from work, railroad employees are held to the highest standards. A worker's injury during work can have devastating effects on their lives. Fortunately there are laws in place to protect workers and ensure they receive the compensation they deserve.
The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from traditional workers' compensation, which covers workers in other sectors. In contrast to workers' compensation, FELA claims must be proved by proving an employer's negligence. This is where a
FELA lawyer can really assist.
Congress passed FELA in 1908. The law states that railroad companies are liable for an injury or death of their employees. However, this is only in the event that the accident occurred in the course of the employee's work and resulted from the carrier's negligence. 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 sets high standards of responsibility for employers across all sectors. Judges are not typically able to consider workers' compensation or FELA to be the same thing, but that is changing as more FELA cases are filed. It is important to understand the distinctions between these laws to determine which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing a claim under FELA.
Purpose
In general, employers are required to ensure the security of their employees at work. This is especially relevant for workers in high-risk sectors, like construction and utilities. In certain instances the employer's negligence could result in a worker getting hurt or even dying. Employers in these sectors must adhere to more stringent safety rules. If a worker is injured on the job they are entitled to be paid for their medical expenses and lost earnings.
Railroad workers are protected under federal laws, which differ from the workers' compensation laws. These laws, known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was caused by an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not intended to provide railroad workers with full payment on a regular basis. Instead, the law requires that an injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence.
In general, an injured worker has to show three things to be eligible for compensation under the FELA.
Scope
Railroad workers face a variety of risks. If they are injured at work, they could sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This pivotal law doesn't just protect workers, but also sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must prove four elements: 1.) the injury occurred within the context of employment,) the employee acted within the course and scope and the duties he or she performed, 3) the act in question was detrimental to the employer's interstate transport business and four) the railroad was negligent.
Some cases may fall under both workers compensation and FELA. Both laws differ in numerous ways. An experienced lawyer can assist you in determining the best law for your situation. Understanding these differences will save you money and time as well as avoid confusion.
Limitations
Employers across the United States are accountable to ensure that their employees are protected and safe. However, certain industries and jobs are more prone to injuries than others. Therefore, those employers are held to a stricter level of safety guidelines. Workers in high-risk fields such as utilities and construction, for example, are often covered under the law of worker's compensation. These state-specific laws provide compensation to workers who are injured on the job. In the same way, railroad workers are covered by
federal railroad 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 allows injured railroad workers to sue employers for damages caused by their negligence or violation of federal safety laws. In contrast to state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. Instead, it requires railroad workers injured to show that their employer was "legally negligent" in causing their injuries.
FELA claims will be handled in federal courts and railroad employees who are injured are entitled to an appeal to a jury. In a jury trial the jury must decide that the railroad was liable for an injured employee's injury or death. The conclusion must be based upon the evidence that is presented in the case. It must also include evidence that the railroad failed to exercise a duty of care to its workers and that the negligence caused the injury or death.
Additionally the jury has to determine that the railroad has was in violation of one or more of the statutes set forth 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 must be held accountable. The jury may 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'
employers’ liability act fela Act (FELA) to provide protection for railroad workers who had suffered injuries while working. This law was different from the laws governing workers' compensation in each state and provided an opportunity for injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers to claim damages in the event of injury.
FELA is applicable to railroad employees who work across state lines or even internationally. It is also applicable to railroads that have their own rail lines that are used by interstate railroads. Railroad workers are exempt from the state's workers' compensation laws and allows to claim damages if they are injured while working because of a violation to federal safety statutes or the negligence of their employer.
To win a lawsuit under FELA railroad workers who have been injured must prove that their employer violated the law and that this violation led to their death or injury. 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 for an FELA claim.
In order to succeed in a FELA claim an employee must demonstrate that the railroad caused or contributed to their injuries or death. They must prove that they were injured or killed as a result of the railroad's negligence, or inability to provide safety equipment and/or training, or in violation of a safety act such as the Boiler Inspection Act. If the jury is found to be that a plaintiff is the winner the railroad must pay the damages awarded. The jury should be properly instructed about the law before they begin deliberations.
