The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and with it comes the risk of being injured while working. Railroad workers aren't covered by the state-run workers' compensation programs. They are protected under federal law against employer negligence.
This federal law is known as the Federal Employers? Liability Act (FELA). Here's the information you must know about the Financial Liability Act (FELA).
Definition
Railroad workers face unique safety challenges. In order to prevent accidents that result from work, railroad employees are held to the highest standards. When a worker is injured on the job, it can be extremely devastating and affect their entire life. Luckily there are laws that protect these 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 regular workers' compensation which protects workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of negligence or carelessness. A FELA attorney can be a great resource.
Congress adopted FELA (1908). The law stipulates that railroad companies are accountable for injuries or death of their employees. This liability is only applicable when the incident occurred in the context of the employee's work and was caused by the carrier's negligence. This includes failure to provide adequate safety equipment, training, or procedures or violations of the Safety Appliance Act.
The law was enacted to protect railroad workers but it also creates high standards of accountability for employers in all sectors. Generally, workers' compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are filed under the FELA. It is essential to be aware of the differences between these laws to choose which is best for your specific situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file an action under FELA.
Purpose
In general employers are responsible to ensure their employees are safe at work. This is particularly true for workers in high-risk sectors such as construction and utilities. In certain instances the employer's negligence could result in workers being injured or even dying. For this reason, employers in these fields are held to stricter safety standards. When a person gets injured while working and suffers a serious injury, they should be compensated for their medical expenses and lost earnings.
While workers' compensation laws cover many workers in the United States, there are particular federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injuries were caused by an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not designed to give railroad workers full compensation. Instead, the law requires that a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is that is based on the negligence of a contributor.
In general an injured worker must to prove three things in order to be eligible for compensation under the FELA.
Scope
Railroad workers are at risk in a unique way. If they suffer injuries at work they may have an action right against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. fela railroad settlements doesn't only protect workers but sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of the employee's job; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct in question was in furtherance of the employer's interstate transportation business and (4) the railroad was negligent and its negligence caused the injury.
Many injuries fall under either workers compensation or FELA laws certain cases could fall under both. Both laws are different in numerous ways. An experienced attorney can help determine the best law for your situation. Having an understanding of these differences can save you time and money as well as avoiding unnecessary confusion.
Limitations
Employers are responsible for ensuring the safety and well-being of their employees. Certain industries and professions carry higher risk of injuries. Therefore, those employers are held to a more strict standard of safety standards. The workers in high-risk industries like utilities and construction for example, are often covered under worker's compensation law. These state-specific laws offer the right to compensation for workers injured on the job. In the same way, railroad workers are covered 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 permits injured railroad workers to seek damages from employers caused by their negligence or in violation of federal safety laws. In contrast to state workers' compensation laws, FELA doesn't automatically award full compensation to railroad workers injured. It requires injured railroad workers to prove that negligence by their employers caused their injuries.
FELA claims will be handled in federal courts and railroad workers who are injured are entitled to a jury trial. In a jury trial the jury must decide if the railroad is accountable for the injury or death of an employee who was injured. This finding must be based on the evidence presented in the case, including that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers, and that the railroad's negligence caused, or contributed to cause, the injury or death.
Moreover, the jury must also find that the railroad did not comply with one or more of the statutes that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages that 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 (FELA) to offer protection for railroad workers who sustained injuries while on the job. This law was distinct from the workers' compensation laws in each state and provided an opportunity for injured railroad workers could directly sue their employers. FELA establishes high standards for employers' obligations, and permits railroad employees who are injured to seek damages.
FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain railroad lines that are utilized by interstate railroads. It exempts railroad employees from state workers' compensation and gives them the ability to seek damages if they suffer injuries at work as a result of a violation or negligence by their employer.
To succeed in a lawsuit filed under FELA the injured railroad worker must show that their employer violated the law and that the violation caused or caused their death or injury. The burden of evidence in a FELA case is on the plaintiff, and the court has the power to require a jury trial in an FELA claim.
In order to succeed in a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must show that they were injured or killed due to the railroad's negligence or inability to provide safety equipment and/or training, or because of a violation of a safety rule such as the Boiler Inspection Act. If the jury decides that a plaintiff is the winner the railroad must pay the damages awarded. Before beginning their deliberations, the jury must be properly informed about the law.