The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and with it comes the risk of injury 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 have a federal law that shields workers from negligence by employers.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here is the information you need to know about it.
Definition
Railroad workers face a unique variety of safety concerns when working. To avoid work-related accidents, railroad workers are held to an elevated standard. An injury sustained by a worker on the job 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 deserve.
The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' compensation, which covers state workers in other sectors. Unlike workers' compensation, FELA claims must be proved by proving an employer's negligence. A FELA attorney can be of great assistance.
Congress approved FELA (1908). The law says that a railroad carrier is liable for the injury or death of an employee. However, this is only when the incident occurred in the course of the employee's job and resulted from the carrier's negligence. This could include the failure to provide sufficient safety equipment, training, and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was passed to protect railroad workers but it also creates high standards of responsibility for employers across all sectors. Generally speaking, workers compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. It is essential to be aware of the differences between these laws in order to choose which is best for your specific situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim 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 sectors, like construction and utilities. In certain cases, an employer’s negligence can cause a worker to be injured or even dying. Because of this, employers in these fields are held to stricter safety standards. If an employee is injured at work, they must be compensated for medical expenses and loss of income.
Workers' compensation laws cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA) will require a worker to prove their injury was caused by an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad employees would be compensated for injuries. The law was not intended to provide railroad workers with full compensation. The law requires workers to prove that the railroad was negligent in causing their injuries. The law prohibits employers from denial of a claim that is based on the negligence of a contributor.
As a rule an injured worker must demonstrate the following three things to be awarded damages under the FELA:
Scope
Railroad employees are in a unique working environment that is characterized by the risk of its own. If they suffer injuries at work, they may sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers, but also sets high standards for employers to meet.
A Tennessee worker seeking compensation under FELA must prove four things: 1)) the injury occurred within the scope of employment, 2) the employee acted within the course and scope and his or her duties 3) the conduct at issue furthered the employer's interstate transportation business, and four) the railroad was negligent.
Certain cases could fall under both workers' compensation and FELA. The two laws differ in a variety of ways, and a skilled lawyer can help you decide which one best suits your requirements. Understanding the differences can save you time and money, as well avoid unnecessary confusion.
Limitations
Employers are responsible for ensuring the security and well-being of their employees. However, certain industries and jobs have a higher risk of injury than other. Employers are subject to a higher level of safety standards. The workers in high-risk industries like utilities and construction for instance, are usually covered under worker's compensation law. State-specific laws give workers compensation if they are injured in the course of their work. Railroad workers are also covered under the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60).
In 1908, Congress passed FELA to allow railroad workers injured in the line of duty to sue their employers for damages incurred by negligence of their employers or violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically give 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 heard in federal courts, and railroad employees who are injured are entitled to a jury trial. In a jury trial the jury has to decide that the railroad is liable for the injury or death of an employee or death. This conclusion must be based on the proofs that are presented in the case including that the railroad was negligent in failing to exercise a reasonable duty of care for its workers, and that the railroad's negligence led to or contributed to causing the death or injury.
The jury must also find that the railroad is in violation of one or more statutes 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 to which the plaintiff must be held liable. It may reduce the amount by a percentage that negligence by the plaintiff contributed to the injury or death.
Applicability
In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who sustained injuries on the job. This law was different from the laws governing workers' compensation in the individual states and created a system through which injured railroad workers could directly sue their employers. fela lawsuit settlements establishes high standards for employers' obligations and allows 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 operate and maintain railroad tracks that are used by other interstate railroads. It exempts railroad employees from state workers' compensation and allows them to claim damages if they are injured at work due to a violation or negligence of their employer.
To prevail in a lawsuit brought under FELA an injured railroad worker must demonstrate that their employer has violated that act and that this violation caused or contributed the injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court can order a jury to hear the FELA claim.
To win a FELA lawsuit, an employee has to demonstrate that the railroad was accountable for their injury or death. They must prove that they were hurt or killed as a result of the negligence of a railroad, their inability to provide safety training and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury is found to be in favor of a plaintiff the railroad must compensate the damages that were awarded. Before they begin deliberations, the jury must be fully informed about the law.