The Federal Employers? Liability Act Protects Railroad Workers
The industry of railroads is growing and so are the risks of injury while working. Railroad workers are not covered by the state-run workers' compensation systems. Instead, they have a federal law that shields them from negligence by employers.
Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to Know about the Liability Act (FELA).
Definition
Railroad workers face a unique variety of safety concerns while on the job. As a result, they are required to meet higher standards when it comes to workplace-related injuries. A worker's injury at work can have a devastating consequences for their life. Luckily there are laws in place to protect these workers and ensure that they receive the compensation they deserve.
The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation which covers workers in other industries. As opposed to workers compensation, FELA claims must be proved by proving an negligence of the employer. A FELA attorney can be a great resource.
Congress approved FELA (1908). The law states that a railroad carrier is liable for an injury or death of their employees. However, this is only if the accident occurred while in the course of the employee's employment and stemmed from the carrier's negligence. This could include the insufficient safety equipment, training and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
Despite the fact that the law was created to offer protection to railroad workers, it also creates strict liability requirements for employers in all industries. Judges generally do not consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. As a result, it is crucial to understand the differences between these two laws so you can determine which one is suitable for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the FELA.
Purpose
As a rule employers are responsible for keeping their employees safe at work. This is particularly applicable to workers in areas that are high-risk like construction and utilities. In some instances, however, an negligent employer can lead to a worker getting hurt or even dying. Employers in these sectors must follow stricter safety regulations. When a person gets injured on the job they are entitled to be compensated for medical expenses and lost income.
While workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA), require a worker to prove their injury was the result of an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. The law was not intended to provide railroad workers with complete compensation. Instead the law requires a worker prove their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the ground of contributory negligence.
As a rule an injured worker must prove the following three elements to be awarded damages under the FELA:
Scope
Railroad employees enjoy a unique working environment that is characterized by the risk of its own. When they are injured at work, they have the right to sue their employer under a Federal law 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 that employers must meet.
A Tennessee worker seeking compensation under FELA must prove four things: 1)) the injury occurred within the context of employment, 2) the employee acted in the course and scope of the duties he or she performed, 3) the conduct at issue was detrimental to the employer's interstate transport business and four) the railroad was negligent.
While many injuries are covered under either workers compensation or FELA certain cases could fall under both. Both laws are different in many ways. A knowledgeable lawyer can help you determine which law is appropriate for your particular situation. Having an understanding of these differences can save you time and money and also avoid unnecessary confusion.
Limitations
Employers are accountable for the health and safety of their employees. However, certain industries and jobs pose a higher risk of injury than others. This is why these employers are held to a stricter standard of safety standards. For example, workers in high-risk sectors such as utilities and construction are usually covered under worker's compensation laws. State-specific laws give workers compensation in the event that they are injured during their employment. Railroad workers are also covered under the Federal Employers' Liability Act which is 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 due to their employer's negligence or violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to injured railroad workers. It requires railroad workers who have been injured to demonstrate that negligence by their employers caused their injuries.
FELA claims are generally heard in federal court and railroad workers who have been injured are entitled to have their cases ruled by jury. In a jury case the jury has to decide that the railroad was liable for an injured employee's injury or death. This conclusion must be based on evidence provided in the case including that the railroad was negligent in failing to exercise the proper care for its employees and that the railroad's negligence caused or contributed to the cause of the death or injury.
The jury must also find the railroad in violation 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. In the end, the jury has to determine the amount of damages that the plaintiff is liable and may also reduce the amount of the award by the percentage of negligence by the plaintiff that caused or contributed to the death or injury.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite. This law was distinct from the workers' compensation laws of individual states, and established a system by which injured railroad workers could directly sue their employers. fela claims railroad employees establishes high standards for the employer's obligations and allows injured railroad workers to seek damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that manage and own railroad lines that are utilized by interstate railroads. Railroad employees are exempt from state workers' compensation, and provides a way to claim damages if they suffer injuries at work as a result of a lapse or negligence by their employer.
To succeed in a lawsuit brought under FELA an injured railroad worker must show that their employer violated the act and that the breach caused or contributed to their death or injury. The burden of proof in a FELA case rests with the plaintiff and the court is able to order a jury trial for a FELA claim.
To win 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 as a result of the negligence of the railroad, its 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 in an award the railroad is accountable for paying the damages. Before they begin deliberations, the jury must be fully informed about the law.