The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand as does the risk of getting injured while working. As opposed to other types of employees, railroad workers do not have access to state-run worker's compensation systems. They are protected by federal law against employer negligence.
This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here is what you need to know about it.
Definition
Railroad workers face unique challenges in safety. This is why they are required to meet higher standards when it comes to workplace-related injuries. A worker's injury on the job can have a devastating impact on their lives. Fortunately there are laws to protect workers and make sure they get the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation which protects workers in other sectors. Unlike workers compensation, FELA claims must be established by proving the negligence of the employer. A FELA attorney can be of great assistance.
Congress passed FELA in 1908. The law stipulates that railroad carriers are accountable for injuries or death of their employees. This liability only applies in the event that the incident occurred within the course and scope of the employee's duties and was caused by the negligence of the railroad company. This could be due to the carrier's insufficient safety equipment, training, and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was enacted to protect railroad workers, but it also sets high standards of liability for employers in all sectors. Generally, fela case settlements and FELA are not considered the same by judges, but this is changing as more cases are filed under the FELA. Therefore, it is essential to understand the differences between the two laws to decide which one is the best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.
Purpose
In general, employers are responsible for ensuring their employees' safety at work. This is especially relevant for employees in high-risk fields, like construction and utilities. In some instances the employer's negligence could result in a worker getting hurt or even dying. Employers in these industries must adhere to more stringent safety rules. If an employee gets injured at work, they should be compensated for their medical expenses and loss of income.
Railroad workers are protected under federal laws, which differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act or FELA, require a worker prove that their injury was resulted from an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. The law was not intended to provide railroad workers with full compensation on the spot. Instead, the law requires that an injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from refusing to accept a claim based on contributory negligence.
As a general rule, an injured worker must prove the following three things to be awarded compensation under FELA:
Scope
Railroad workers face unique risks. If they get injured at work they are entitled to an action right against their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law is not only crucial to protect workers, but also sets standards that employers must follow.
A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of employment; (2) the employee was acting within the scope and of the scope of his duties; (3) the conduct that was at issue was in the service of the employer's interstate transportation business; and (4) the railroad was negligent and its negligence played some part in causing the injury.
Certain cases could fall under both workers' compensation and FELA. The two laws differ in several ways, and a seasoned attorney can help you determine which one best suits your needs. Understanding these distinctions will save you time and money and also avoid unnecessary confusion.
Limitations
Employers are responsible for ensuring the health and safety of their employees. However certain occupations and industries are more prone to injury than other. This is why these employers are held to a more strict level of safety guidelines. For instance, workers in high-risk sectors such as construction and utilities are often protected by laws governing worker's compensation. These state-specific laws provide workers compensation in the event that they are injured in the course of their job. The same is true for railroad workers. 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 railroad workers injured by injuries to sue employers for damages caused by their negligence or in violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. It requires railroad workers who have been injured to demonstrate that negligence by their employers was the cause of their injuries.
FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to trial by jury. In a jury trial the jury has to decide that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion must be based on the evidence provided in the case including that the railroad was negligent in failing to exercise a reasonable duty of care for its workers, and that the railroad's negligence led to or contributed to causing the death or injury.
The jury must also find the railroad in violation of any one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will then decide the amount at which the plaintiff must be held liable. The jury may reduce the amount by the 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 had suffered injuries while on the job. This law was distinct from the workers' compensation laws of the individual states and provided a system whereby injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers to seek compensation in the event of injuries.
FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that have their own railway lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation and gives them the ability to seek damages if they suffer injuries at work as a result of a lapse or negligence by their employer.
In order to win a lawsuit under FELA an injured railroad worker has to demonstrate that their employer has violated the law and that the violation led to their injury or death. The burden of evidence in a FELA case lies with the plaintiff, and the court is able to order a jury trial for a FELA claim.
To prevail in a FELA lawsuit the employee must show that the railroad was accountable for their injuries or death. They must show that they were injured or killed due to the negligence of a railroad, their inability to provide safety training and equipment, or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury gives damages to a plaintiff following an award, the railroad is responsible for paying the damages. Before they begin their deliberations, the jury should be properly informed about the law.