The Federal Employers? Liability Act Protects Railroad Workers
The railroad industry is expanding, and so are the risks of injury at work. Railroad workers aren't covered by the state-run workers' compensation systems. They are protected under a federal law from employer negligence.
This federal law is known as the Federal Employers? fela accident attorney (FELA). Here's the information you need to know about it.
Definition
Railroad workers face a distinct set of safety challenges when working. To prevent work-related accidents, railroad workers are held to an elevated standard. When a worker is injured while working, it can be extremely devastating and have a negative impact on their life. Thankfully there are laws in place to protect workers and ensure they get the compensation they need.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from traditional workers' compensation, which is a type of insurance that covers workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or recklessness. A FELA attorney can be of great assistance.
Congress approved FELA in 1908. The law states that a railroad carrier can be held accountable for the death or injury of an employee. This is only the case if the accident happened in the course and scope of the employee's job, and was caused by the carrier's negligence. This includes failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was passed to protect railroad workers, but it also sets high standards of responsibility for employers across all industries. Generally, 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 crucial to know the differences between these laws to determine which one is the best for your situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA.
Purpose
In general, employers are responsible to ensure the security of their employees at work. This is especially relevant for workers in high-risk sectors such as utilities and construction. In certain cases the negligence of an employer can lead to a worker being injured or even dying. Employers in these sectors must adhere to stricter safety regulations. If an employee is injured at work, they must be compensated for medical expenses and loss of income.
While workers' compensation laws cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act or FELA, require a worker to prove that their injuries were caused due to an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not meant to provide railroad workers with full compensation. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is due to the contributory negligence.
As a rule an injured worker must prove the following three elements to be awarded compensation under FELA:
Scope
Railroad employees are in an unique work environment that is characterized by its own set 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, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers but sets high standards for employers to meet.
A Tennessee worker who seeks compensation under FELA must prove four things: 1)) the injury occurred within the context of employment, 2) the employee acted in the course and scope and the duties he or she performed, 3) the conduct at issue was detrimental to the employer's interstate transport business and 4) the railroad was negligent.
While many injuries fall under either workers compensation or FELA, some cases may involve both. The two laws differ in several ways, and a knowledgeable lawyer can assist you in determining which one is most suitable for your needs. Understanding these distinctions will save you money and time, as well avoid unnecessary confusion.
Limitations
Employers across the United States are accountable to ensure that their employees are protected and safe. However certain occupations and industries are more prone to injury than other. These employers are therefore required to meet a higher standard of safety standards. Workers in high-risk fields like construction and utilities, for instance, are usually covered under the law of worker's compensation. These state-specific laws provide the right to compensation for workers injured on the job. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60).
In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to claim damages against employers caused by their negligence or violation of federal safety laws. Unlike the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.
FELA claims will be considered in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial, the jury will decide whether the railroad is liable for the injury or death of an employee who was injured. This conclusion must be based on evidence presented in the case, for example, that the railroad was negligent in not exercising the proper care for its workers and that the railroad's negligence caused, or contributed to cause the injury or death.
The jury must also find that the railroad is in breach of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. In the end, the jury has to determine the amount of damages for which the plaintiff is responsible and can reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed 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 laws governing workers' compensation in individual states and provided an avenue through which injured railroad workers could directly sue their employers. FELA sets high standards for the employer's obligations and allows injured railroad employees to recover damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads. Railroad employees are not covered by state workers' compensation, and provides a way to seek damages if they are injured at work as a result of a violation or negligence by their employer.
In order to win a lawsuit under FELA an injured railroad worker must demonstrate that their employer has violated the law and that the violation led to the injury or death. The burden of proof in a FELA case is on the plaintiff and the court has the power to require a jury trial in the purpose of a FELA claim.
To be successful in a FELA claim an employee must show that the railroad was responsible for or contributed to their injuries or death. They must show that they were injured or killed due to the railroad's negligence or failure to provide safety equipment and training, or a violation of a safety rule such as the Boiler Inspection Act. If the jury awards damages to a plaintiff after an award, the railroad is responsible for the payment of the damages. Before they begin deliberations, the jury should be fully informed about the law.