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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and with it, the chances of getting injured at work. Unlike other types of workers railroad workers do not have access to the state-run worker's compensation systems. Instead, they are covered by a federal law that protects them from negligence by employers. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face a unique set of safety challenges on the job. In order to prevent work-related accidents, railroad workers are held to the highest standards. An injury sustained by a worker at work can have a a devastating impact on their lives. Luckily there are laws in place to protect workers and ensure they receive the compensation they are due. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the standard workers' compensation, which protects state workers in other sectors. As opposed to workers' compensation, FELA claims must be proven by proving the negligence of the employer. This is where a FELA lawyer can really assist. Congress adopted FELA (1908). The law states that a railroad carrier is accountable for injuries or death of their employees. However, this only applies when the incident occurred in the course of the employee's job and resulted from the negligence of the carrier. This includes the failure to provide adequate safety equipment, training, or procedures, or violations of the Safety Appliance Act. Despite the fact that the law was created to protect railroad workers, it also creates high liability standards for all employers. Generally speaking, workers' compensation and FELA are not considered the same by judges, but this is changing as more cases are filed under the FELA. It is crucial to know the differences between these laws to choose which is best for your specific situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the FELA. Purpose In general employers are accountable for ensuring their employees' safety at work. This is particularly relevant for workers in high-risk sectors such as utilities and construction. In certain instances an employer's negligence could lead to a worker being injured or even dying. Employers in these sectors must follow stricter safety rules. If an employee gets injured at work, they should be compensated for their medical expenses and lost 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 (FELA), require 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. It was not designed to provide railroad workers with full compensation on the spot. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from refusing to accept a claim based on contributory negligence. In fela claims , an injured worker must demonstrate the following three things to be awarded damages under FELA: Scope Railroad workers face unique risks. If they suffer injuries while working they may have the right to sue their employer under a Federal statute known as The Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to 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 course of work; (2) the employee was acting in the course and of their duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business; and (4) the railroad was negligent and played some part in causing the injury. Some cases may fall under both workers' compensation and FELA. Both laws are different in many ways. An experienced lawyer can assist you in determining which law is appropriate for your particular situation. Having an understanding of these distinctions will save your time and money, and also avoid unnecessary confusion. Limitations Employers across the United States are responsible for keeping their employees protected and safe. However certain occupations and industries have a higher risk of injuries than others. Thus, these employers are required to adhere to a stricter standard of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are typically covered under the law of worker's compensation. These state-specific laws offer workers compensation if they're injured during their work. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA, codified at 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 caused by negligence of their employers or in violation of federal safety statutes. In contrast to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. Instead it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims will be considered in federal courts, and railroad workers who are injured are entitled to an appeal to a jury. In a jury case, the jury must find that the railroad was liable for the injuries sustained by an injured employee or death. The verdict must be based on the proofs presented in the case, for example, that the railroad was negligent in not exercising the proper care for its workers and the negligence of the railroad caused or contributed to causing the death or injury. Moreover, the jury must also find that the railroad did not comply with 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 at which the plaintiff must be held liable. It may reduce the amount by a percentage that the plaintiff's negligence was responsible to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who sustained injuries while on the job. This law was distinct from the workers' compensation laws of individual states, and provided a system whereby injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations and allows railroad employees who are injured to seek damages. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. It exempts railroad workers from state laws on workers' compensation and provides a means for claiming damages when they are injured while working due to a violation of federal safety laws or the negligence of their employer. In order to win a lawsuit filed under FELA an injured railroad worker must prove that their employer has violated the act and that the violation caused or caused their injury or death. The burden of evidence in a FELA case rests with the plaintiff and the court has the power to require a jury trial for an FELA claim. To be successful in a FELA claim an employee must show that the railroad caused or contributed to their death or injury. They must show that they were injured or killed because of the railroad's negligence, or inability to provide safety equipment and/or training, or in violation of a safety rule like the Boiler Inspection Act. If a jury gives damages to a plaintiff after an award the railroad is accountable for the payment of the damages. The jury must be properly educated on the law prior to their deliberations.