The Federal Employers? Liability Act Protects Railroad Workers
The railroad industry is expanding, and so are the risks of getting injured on the job. Unlike other types of workers, railroad workers do not have access to state-run workers' compensation systems. They are protected by federal law against employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here is what you must know about the Financial Liability Act (FELA).
Definition
Railroad workers face a distinct set of safety issues on the job. In order to prevent accidents that result from work, railroad employees are held to the highest standards. A worker's injury on the job can have a devastating impact on their life. Luckily, there are laws to protect these workers and ensure that 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 traditional workers' compensation which protects workers in other sectors. As opposed to workers compensation, FELA claims must be proved by proving an employer's negligence. A FELA attorney is a great resource.
fela case settlements passed FELA (1908). The law states that a railroad carrier can be held liable for the injury or death of an employee. This liability only applies in the event that the incident occurred within the context of the employee's work and was caused by the negligence of the railroad company. This includes the failure to provide sufficient safety equipment, training, and procedures or violations of the Safety Appliance Act.
The law was passed to protect railroad workers, however it also sets high standards of responsibility for employers across all sectors. Judges do not generally consider workers' compensation and FELA to be the same thing, but this is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws to choose which is best 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 general rule employers are accountable to ensure their employees are safe at work. This is particularly true for workers who work in highly risky fields such as construction or utilities. In some instances, however, an negligent employer can lead to workers being injured or even dying. Because of this, employers in these fields are required to adhere to more stringent safety guidelines. If an employee gets injured while at work, they must be compensated for medical expenses and lost income.
Workers' compensation laws cover many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was caused by the 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 intended to provide railroad workers with complete compensation. Instead, the law requires that the injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is due to contributory negligence.
As a rule, an injured worker must prove the following three things in order to be awarded damages under the FELA:
Scope
Railroad employees are in an environment of work that comes with its own set of hazards. If they suffer injuries 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 law isn't just essential for protecting workers, but also sets high standards that employers must adhere to.
A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting within the course and scope of his or her duties; (3) the conduct in question was in furtherance of the employer's interstate transport business and (4) the railroad was negligent and its negligence was a factor in the causing of the injury.
Some cases may be covered under both workers compensation and FELA. Both laws differ in many ways. An experienced lawyer can assist you in determining which law is best for your situation. Understanding the differences can save you money and time and also to avoid confusion.
Limitations
Employers across the United States are responsible to ensure that their employees are secure and free of harm. Certain industries and occupations pose a greater risk of injuries. Thus, these employers are held to a stricter standard of safety guidelines. The workers in high-risk industries such as utilities and construction, for example, are often covered under the law of worker's compensation. These state-specific laws provide compensation to workers injured on the job. Railroad workers are also covered under 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 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 regulations. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to injured railroad workers. It requires injured railroad workers to show that their employer's negligence was the reason for their injuries.
FELA claims will be heard in federal courts, and railroad workers who are injured are entitled to a jury trial. In a jury case the jury has to decide that the railroad is liable for an injured employee's injury or death. The verdict must be based on the evidence provided in the case for example, that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers and the negligence of the railroad caused, or contributed to cause the injury or death.
Additionally the jury has to find that the railroad violated one or more of the statutes set forth in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages for which the plaintiff is liable and may also reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the death or injury.
Applicability
In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who suffered injuries on the job. This law was distinct from the workers' compensation laws of individual states, and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA sets high standards for the employer's obligations, and permits 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 railway tracks that are utilized by other interstate railroads. Railroad employees are exempt from state workers' compensation, and gives them the ability to claim damages if they are injured at work due to a violation or 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 law and that the violation led to or caused their death or injury. The burden of proof in a FELA case lies with the plaintiff, and the court is able to require a jury trial for an FELA claim.
In order to succeed in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their death or injury. They must prove that they were hurt or killed due to a railroad's negligence, inability to provide safety training and equipment, or in violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury gives damages to a plaintiff following a verdict, the railroad is responsible for the payment of the damages. Before they begin their deliberations, the jury should be fully informed about the law.