The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand as does the risk of getting injured at work. Railroad workers aren't covered by state-run workers' compensation programs. They are protected under a federal law against employer negligence.
This law, which is federal, 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 variety of safety concerns when working. In turn, they are required to meet higher standards when it comes to work-related injuries. If a worker is injured while working, it can be extremely devastating and affect their entire life. Thankfully, there are laws that protect these workers and make sure they receive the compensation they require.
The
Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from regular workers compensation, which covers state workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or inattention. This is where a FELA lawyer can really help.
Congress adopted FELA in 1908. The law states that a railroad carrier is accountable for injuries or death of their employees. This liability only applies when the incident occurred in the scope and course 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, however it also creates high standards of responsibility for employers across all sectors. Judges generally do not consider workers' compensation or FELA to be the same, but that is changing as more
fela lawsuit settlements cases are filed. This is why it is essential to understand the differences between these two laws so you can choose which one is best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you with filing a claim for compensation under the FELA.
Purpose
As a rule, employers are responsible for ensuring their employees' safety at work. This is particularly true for workers in high-risk industries such as construction and utilities. In certain instances the employer's negligence can result in an employee being injured or even dying. This is why employers in these fields are held to stricter safety guidelines. If an employee gets injured at work, they must be compensated for medical expenses and loss of income.
Railroad workers are protected under federal laws that differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was caused by an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for injuries suffered by them. The law was not intended to provide railroad workers with full compensation. The law requires that workers demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence.
In general the case of an injured worker, he or she must to show three things to be eligible for compensation under the FELA.
Scope
Railroad workers face unique risks. If they are injured while at work, they could sue their employer under a Federal Statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just designed to safeguard workers, it also sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the course of work; (2) the employee was acting within the scope and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transport business and (4) the railroad was negligent and was a factor in the causing of the injury.
Some cases may fall under both workers' compensation and FELA. The two laws differ in a variety of ways, and a knowledgeable lawyer can assist you in determining which one is most suitable for your requirements. Having an understanding of these distinctions will save you time and money as well as avoid unnecessary confusion.
Limitations
Employers across the nation are accountable for keeping their employees secure and free of harm. Certain occupations and industries pose a greater chance of injuries. Employers are required to meet a higher standard of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are usually covered under worker's compensation law. These state-specific laws offer the right to compensation for workers injured while working. 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 by accidents to sue their employers for damages caused by negligence of their employers or violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers who have been injured. Instead it requires railroad workers injured to prove that their employer was "legally negligent" in causing their injuries.
FELA claims will be handled in federal courts and railroad employees who have been injured are entitled to trial by jury. In a trial that is a jury, the jury must decide if the railroad is responsible for the injury or death of an employee who has been injured. This conclusion must be based on evidence that are presented in the case which include that the railroad was negligent in not exercising the proper care for its workers, and the negligence of the railroad caused or contributed to the cause of the injury or death.
The jury must also find the railroad in violation of any one or more of the statutes mentioned 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 of damages for which the plaintiff is accountable and may also reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different from the laws governing workers' compensation of each state, and created a system in which railroad workers who were injured could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers to recover damages in cases of injury.
FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that have their own railroad lines that are utilized by interstate railroads. Railroad employees are not covered by state workers' compensation and provides a way to claim damages in the event that they are injured at work due to a violation or negligence of their employer.
To win a lawsuit under FELA an injured railroad worker has to show that their employer acted in violation of the law and that the violation led to or contributed to their death or injury. The burden of evidence in a FELA case is on the plaintiff, and the court has the power to order a trial by jury for an FELA claim.
To win a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injuries or death.