The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to grow, so too is the possibility of being injured at work. In contrast to other types of workers, railroad workers do not have access to state-run workers' compensation systems. Instead, they are protected by a federal law that shields them from employer negligence.
This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).
Definition
Railroad workers face a distinct variety of safety concerns when working. This is why they are held to higher standards when it comes to work-related injuries. A worker's injury on the job can have a devastating impact on their lives. Fortunately there are laws that protect workers and ensure they get the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA is different from the regular workers' compensation, which protects state workers in other sectors. Unlike workers' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or inattention. A FELA attorney can be of great assistance.
Congress approved FELA (1908). The law stipulates that a railroad carrier can be held accountable for the death or injury of an employee. However, this only applies if the accident occurred while in the course of the employee's job and resulted from the carrier's negligence. This could include the failure to provide the proper safety equipment, training, or procedures, or violations of the Safety Appliance Act.
Despite the fact that the law was enacted to offer protection to railroad workers, it also sets strict liability requirements for employers in all industries. In general, workers compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. As a result, it is crucial to understand the differences between these two laws to choose which one is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing a claim under FELA.
Purpose
As a general rule, employers are responsible for keeping their employees safe at work. This is especially relevant for employees in high-risk fields such as construction and utilities. In some instances however, an employer's negligence can result in an employee being injured or even dying. Employers in these fields must adhere to stricter safety standards. If an employee gets injured at work, they must be compensated for medical expenses and lost income.
While the laws on workers' compensation cover many workers in the United States, there are specific federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was caused by the employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers would be compensated for injuries they sustained. It was not designed to provide railroad workers with full payment on a regular basis. The law requires workers to prove that the railroad was negligent in causing their injury. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory.
As a general rule, an injured worker must demonstrate the following three things to be awarded damages under the FELA:
Scope
Railroad workers are at risk in a unique way. 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 is not just crucial to protect workers, it also sets high standards for employers must adhere to.
A Tennessee worker who seeks compensation under FELA is required to show four things: 1)) the injury occurred within the context of employment,) the employee acted within the course and scope and the duties he or she performed 3) the conduct in question was detrimental to the employer's interstate transport business, and four) the railroad was negligent.
Many injuries are covered under either workers compensation or FELA, some cases may involve both. Both laws differ in various ways. A knowledgeable attorney can help determine which law is appropriate for your situation. Understanding these differences will save you time and money as well as avoid unnecessary confusion.
Limitations
Employers across the nation are responsible to ensure that their employees are secure and free of harm. However certain occupations and industries have a higher risk of injury than others. Thus, these employers are held to a more strict standard of safety standards. The workers in high-risk industries such as utilities and construction, for example, are often covered under worker's compensation law. These state-specific laws provide workers compensation if they're injured in the course of their employment. 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 injured railroad workers to sue their employers for damages caused by their employer's negligence or in violation of federal safety laws. In contrast to state workers' compensation laws, FELA does not automatically provide injured railroad workers with full compensation. It requires injured railroad workers prove that negligence by their employers was the cause of their injuries.
FELA claims are typically heard in federal court and railroad workers who have been injured are entitled to have their cases heard by a jury. In a trial that is a jury, the jury must decide if the railroad is responsible for the injury or death of an injured employee. This conclusion must be based on the evidence presented in the case, including that the railroad was negligent in not exercising a reasonable duty of 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 breach of one or more statutes listed in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then decide the amount to which the plaintiff is accountable. It may reduce the amount by the proportion that the plaintiff's negligence was responsible to or caused the injury or death.
Applicability
In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who suffered injuries on the job. This law was different than the workers' compensation laws in the individual states and created a system through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations, and permits injured railroad workers to seek damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads. It exempts railroad workers from state laws on workers' compensation and allows for claiming damages when they are injured at work due to a violation of federal safety statutes or the negligence of their employer.
In order to win a lawsuit filed under FELA the injured railroad worker must prove that their employer violated the act and that the breach caused or caused their death or injury. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may order a jury to hear a FELA claim.
To be fela claims in a FELA claim an employee must demonstrate that the railroad caused or contributed to their injuries or death. They must prove that they were injured or killed due to the negligence of the railroad, its inability to provide safety training and equipment, or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury is found to be in favor of a plaintiff the railroad must pay the damages awarded. Before they begin deliberations, the jury must be properly informed about the law.