The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and so are the risks of getting injured while working. Railroad workers are not covered by state-run workers' compensation programs. Instead, they are protected by a federal law that protects them from employer negligence.
This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA).
Definition
Railroad workers face unique safety challenges. As a result, they are required to meet higher standards when it comes to workplace-related injuries. An injury sustained by a worker during work can have a devastating impact on their lives. Fortunately there are laws in place to protect workers and ensure that they receive the compensation they are due.
The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from regular workers' compensation, which protects state workers in other industries. As opposed to workers compensation, FELA claims must be proven by proving the employer's negligence. This is where a FELA lawyer can be of great help.
Congress adopted FELA (1908). The law stipulates that railroad carriers are accountable for injuries or death of their employees. However, this only applies if the accident occurred while in the course of the employee's work and resulted from the negligence of the carrier. This could include the failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act.
Despite fela case settlements that the law was passed to protect railroad workers, it also sets high-risk standards for all employers. Generally, workers compensation and FELA are not considered the identical by judges, however this is changing as more cases are filed under the FELA. It is important to understand the distinctions between these laws in order to decide which is appropriate for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA.
Purpose
As a rule, employers are responsible to ensure their employees are safe at work. This is especially applicable to employees in high-risk fields, like construction and utilities. In some cases however, an employer’s negligence can cause a worker to be injured or even dying. Employers in these fields must adhere to stricter safety regulations. If someone is injured on the job, they deserve to be compensated for medical expenses and lost earnings.
Railroad workers are protected under federal laws, which differ from the laws governing workers' compensation. These laws, also known as the Federal Employers' Liability Act (FELA) will require a worker to prove their injury was caused by the employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. The law was not meant to provide railroad workers with complete compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory.
As a rule an injured worker must prove the following three things in order to be awarded damages under the FELA:
Scope
Railroad workers face unique risks. If they are injured while at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This crucial law doesn't only protect workers, but also sets high standards for employers to meet.
A Tennessee worker seeking compensation under FELA must prove four elements: 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.
Some cases may fall under both workers compensation and FELA. Both laws differ in various ways. A knowledgeable lawyer can assist you in determining the best law for your particular situation. Knowing these differences can save you time and money as well as avoiding unnecessary confusion.
Limitations
Employers across the country are responsible for keeping their employees safe and unharmed. However certain jobs and industries pose a higher risk of injury than other. This is why these employers are held to a stricter standard of safety standards. For example, workers in high-risk fields such as construction and utilities are often protected by laws governing worker's compensation. These state-specific laws offer workers compensation if they are injured in the course of their employment. In the same way, railroad workers are covered under 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 injured railroad workers to sue their employers for damages caused by negligence of their employers or violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to injured railroad workers. It requires railroad workers who have been injured to demonstrate that negligence by their employers was the reason for their injuries.
FELA claims are generally heard in federal court, and injured railroad workers are entitled to have their cases heard by a jury. In a case that is a jury 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 that is presented in the case. It must also include evidence that the railroad failed to uphold a duty of respect to its workers and that negligence led to or contributed to the death or injury.
Additionally, the jury must also determine that the railroad has was in violation of one or more of the laws stipulated in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount to which the plaintiff must be held liable. The jury may reduce the amount by the proportion that the plaintiff's negligence was responsible to the injury or death.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the job. This law was distinct from the workers' compensation laws of the individual states and provided a system whereby injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows railroad workers who have been injured to recover damages in cases 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 railway tracks that are utilized by other interstate railroads. It exempts railroad workers from the state's workers' compensation laws and allows for claiming damages when they are injured on the job because of a violation to federal safety regulations or the negligence of their employer.
In order to win a lawsuit brought under FELA the injured railroad worker must show that their employer has violated the act and that the violation led to or caused their death or injury. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may require a jury to consider a FELA claim.
To win a FELA lawsuit the employee must show that the railroad was at fault for their death or injury. They must show that they were injured or killed because of the railroad's negligence or failure to provide safety equipment or training, or because of a violation of a safety rule such as the Boiler Inspection Act. If the jury gives damages to a plaintiff after a verdict the railroad is responsible for paying the damages. Before they begin their deliberations, the jury has to be properly informed about the law.