The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry grows, so too is the chance of being injured while working. Railroad workers aren't covered by state-run workers' compensation programs. They are protected under federal law against employer negligence.
This federal law 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 issues. In turn, they are required to meet higher standards when it comes to workplace-related injuries. If a worker gets injured on the job it can be devastating and affect their entire life. Thankfully, there are laws that protect workers and ensure that they receive the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from the standard workers' compensation, which covers state workers in other sectors. As opposed to workers compensation, FELA claims must be proven by proving the employer's negligence. A FELA attorney can be a great resource.
Congress approved FELA (1908). The law stipulates that railroad carriers are responsible for any injury or death of their employees. This liability is only applicable when the incident occurred in the course and scope of the employee's job, and was caused by the negligence of the railroad company. This includes failure to provide the proper safety equipment, training, or procedures or violations of the Safety Appliance Act.
The law was enacted to protect railroad workers but it also establishes high standards of accountability for employers in all sectors. Judges are not typically able to consider workers' compensation or FELA to be the same, however that is changing as more FELA cases are filed. Therefore, it is important to know the distinctions between these two laws, so that you can determine which one is suitable for your case. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you with filing a claim for compensation under the FELA.
Purpose
As a general rule employers are accountable to ensure their employees are safe at work. This is especially true for workers in high-risk industries, like construction and utilities. In some instances, however, an employer's negligence could result in workers being injured or even dying. Because of this, employers in these fields are required to adhere to stricter safety guidelines. When an employee is injured at work, they must be compensated for their medical expenses and loss of income.
Railroad workers are protected by federal laws that differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injury was resulted from the negligence of an employer.
In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not intended to give railroad workers full compensation on the spot. Instead the law requires an injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory.
In general, an injured worker has to prove three things in order to be eligible for compensation under the FELA.
Scope
Railroad workers are at risk in a unique way. When they are injured at work they may have a cause of action against their employer under a Federal statute known as The Federal Employers? Liability Act, U.S.C. 51 et seq. fela claims railroad employees doesn't just safeguard workers, it also sets high standards for employers to meet.
A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the course of employment; (2) the employee was acting within the course and of the scope of his duties; (3) the conduct was in the interest of the employer's interstate transportation business; and (4) the railroad was negligent and played some part in causing the injury.
Certain cases could be covered under both workers' compensation and FELA. Both laws are different in numerous ways. A knowledgeable lawyer can help you determine the best law for your situation. Understanding these differences will save you time and money as well as avoid unnecessary confusion.
Limitations
Employers across the United States are accountable for keeping their employees secure and free of harm. Certain occupations and industries pose higher risk of injuries. Thus, these employers are held to a stricter standard of safety guidelines. For example, workers in high-risk sectors such as utilities and construction are typically protected by laws governing worker's compensation. These state-specific laws offer compensation to workers who are injured on the job. Railroad workers are also covered by the Federal Employers' Liability Act that is codified in the form of 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 laws. Contrary to state workers' compensation laws, 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 workers who have been injured are entitled to a jury trial. In a jury case the jury has to decide that the railroad was responsible for the injuries sustained by an injured employee or death. This conclusion should be based on the evidence that is presented in the case. It must be based on the fact that the railroad did not perform a duty of care to its workers and that the negligence caused or contributed to the injury or death.
The jury must also find the railroad in breach of one or more statutes listed 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 of damages that the plaintiff is accountable and can reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the injury or death.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the job. This law was different than the laws governing workers' compensation in individual states and provided a system through which injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and allows injured railroad workers to recover damages in cases of injuries.
FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. Railroad employees are not covered by state workers' compensation, and gives them the ability to claim damages if they are injured while at work as a result of a violation or negligence of their employer.
To prevail in a lawsuit brought under FELA an injured railroad worker must prove that their employer violated the law and that the violation led to or contributed to their injury or death. The burden of the burden of proof in a FELA case lies with the plaintiff, and the court has the power to order a jury trial in a FELA claim.
To win a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed because of the railroad's negligence, or inability to provide safety equipment or training, or because of a violation of a safety rule like the Boiler Inspection Act. If the jury decides that a plaintiff is the winner the railroad must pay the damages that were awarded. Before they begin deliberations, the jury should be fully informed about the law.