The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry grows, so too is the chance of being injured on the job. As opposed to other types of employees railroad workers do not have access to state-run workers' compensation systems. They are protected under federal law against employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). Here's fela settlements must know about the Financial Liability Act (FELA).
Definition
Railroad workers face a distinct variety of safety concerns on the job. To prevent accidents at work, railroad workers are held to an elevated standard. If a worker is injured on the job it can be devastating and impact their entire life. Thankfully there are laws to protect these workers and ensure they get the compensation they need.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation which covers workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or carelessness. This is where a FELA lawyer can really assist.
Congress adopted FELA in 1908. The law states that a railroad carrier can be held liable for the death or injury of an employee. However, this is only in the event that the accident occurred during the employee's job and resulted from the negligence of the carrier. This includes the failure to provide adequate safety equipment, training, or procedures or violations of the Safety Appliance Act.
Despite the fact that the law was enacted in order to provide protection to railroad workers, it also creates strict liability requirements for all employers. In general, workers compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. It is crucial to know the differences between these laws to decide which is appropriate for your situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file claims under FELA.
Purpose
In general, employers are required to ensure the safety of their employees at work. This is particularly applicable to employees in high-risk fields such as utilities and construction. In certain instances however, an negligent employer can lead to a worker getting hurt or even dying. Employers in these industries must adhere to stricter safety regulations. When a person gets injured while working, they deserve to be compensated for medical expenses and lost earnings.
Workers' compensation laws cover many workers in the United States, there are particular federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA), require a worker to prove 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 railroad workers to prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory.
In general an injured worker must demonstrate the following three things to be awarded damages under FELA:
Scope
Railroad workers face unique risks. If they are injured 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 only essential for protecting workers, but also sets high standards that employers must follow.
A Tennessee worker who seeks compensation under FELA must prove four elements: 1.) the injury occurred within the scope of employment, 2) the employee acted in the course and scope and his or her duties 3) the act in question was detrimental to the employer's interstate transport business and 4) the railroad was negligent.
Certain cases could be covered under both workers compensation and FELA. Both laws differ in various ways. An experienced lawyer can help you determine which law is best for your situation. Understanding the differences can help you save time and money as well as avoid unnecessary confusion.
Limitations
Employers are responsible for ensuring the safety and well-being of their employees. Certain industries and occupations pose a greater chance of injury. They are thus subject to a higher level of safety guidelines. The workers in high-risk industries like utilities and construction for example, are often covered under the law of worker's compensation. These state-specific laws offer the right to compensation for workers injured on the job. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60).
In 1908, Congress passed the FELA. This law allows injured railroad workers to claim damages against employers caused by their negligence or a violation of federal safety laws. Unlike the laws of state workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires railroad workers who have been injured to prove that negligence by their employers was the reason for their injuries.
FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to a jury trial. In a trial that is a jury, the jury must determine that the railroad is liable for the death or injury of an injured employee. This conclusion must be based upon the evidence that is presented in the case. It must also include evidence that the railroad did not exercise a duty of care to its workers and that the negligence led to or caused the death or injury.
Furthermore, the jury must also find that the railroad did not comply with one or more of the statutes stipulated 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 for which the plaintiff is held accountable. It may reduce the amount by the proportion that negligence by the plaintiff contributed to the injury or death.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was different than the workers' compensation laws in individual states and provided an avenue through which injured railroad workers could sue their employers directly. FELA sets high standards for the obligations of employers and allows injured railroad workers to recover damages in cases of injuries.
FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that own and maintain railway lines that are used by interstate railroads. Railroad workers are exempt from the state's workers' compensation laws and allows to claim damages if they are injured at work because of a violation of federal safety laws or due to the negligence of their employer.
To win a lawsuit under FELA railroad workers who have been injured must prove that their employer violated the law and that the violation led to their injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court may decide to require a jury to consider the FELA claim.
In order to succeed in a FELA claim an employee must show that the railroad was responsible for or contributed to their death or injury. They must show that they were injured or killed as a result of a railroad's negligence, inability to provide safety training and equipment, or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff the railroad must pay the damages that were awarded. The jury has to be properly informed about the law prior to their deliberations.