The Federal Employers? Liability Act Protects Railroad Workers
The railroad industry is growing, and with it, the chances of getting injured on the job. Railroad workers are not covered by state-run workers' compensation programs. Instead, they are covered by a federal law that protects them from employer negligence.
This federal law is known as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA).
Definition
Railroad workers face a unique set of safety challenges when working. As a result, they are held to higher standards in regards to workplace-related injuries. A worker's injury on the job can have a devastating impact on their life. Fortunately, there are laws to protect these workers and ensure they receive the compensation they deserve.
The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from traditional workers' compensation, which is a type of insurance that 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 approved FELA (1908). The law says that railroad companies is liable for the death or injury of an employee. This liability only applies when the incident occurred in the scope and course of the employee's duties and was caused by negligence on the part of the carrier. This could be due to the carrier's failure to provide adequate safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was passed to protect railroad workers, but it also creates high standards of accountability for employers in all industries. Generally, 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. This is why 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 with filing a claim for compensation under the FELA.
Purpose
In general employers are responsible to ensure their employees are safe at work. This is particularly applicable to workers in high-risk fields, such as construction and utilities. In some cases however an employer's negligence could lead to a worker being injured or even dying. Employers in these industries must adhere to more stringent safety regulations. If an employee gets injured while at work, they must be compensated for their medical expenses and lost income.
Railroad workers are protected by federal laws that differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was caused by an employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. It was not designed to give railroad workers full compensation on the spot. Instead, the law requires that a worker prove their injury was caused by the railroad's negligence. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence.
In general the case of an injured worker, he or she must to be able to prove three things to be entitled to compensation under the FELA.
Scope
Railroad workers face a variety of 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 isn't just designed to protect workers but sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must prove four things: 1) the injury occurred within the scope of employment,) 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.
While many injuries are covered under either workers' compensation or FELA, some cases may involve both. Both laws differ in numerous ways. An experienced lawyer can assist you in determining which law is appropriate for your particular situation. Having an understanding of these differences can save you time and money as well as avoiding unnecessary confusion.
Limitations
Employers are responsible for ensuring the security and well-being of their employees. However, certain industries and jobs pose a higher risk of injuries than others. Therefore, those employers are required to adhere to a stricter level of safety guidelines. People working in high-risk areas such as utilities and construction, for example, are often covered under worker's compensation law. State-specific laws give workers compensation if they are injured during their work. 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 FELA to allow railroad workers injured by accidents to sue their employers for damages incurred due to their employer's negligence or in violation of federal safety laws. Unlike the laws of state workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. It requires injured railroad workers to demonstrate that their employer's negligence was the reason for their injuries.
FELA claims are typically heard in federal court, and injured railroad workers are entitled to have their cases ruled by juries. In a case that is a jury the jury has to decide that the railroad was liable for an injured employee's injury or death. This conclusion should be based on the evidence provided in the case. It must be based on the fact that the railroad did not perform a duty of care to its workers, and that this negligence caused 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 Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages for which the plaintiff is responsible and can reduce the amount of the award by the proportion of the plaintiff's negligence 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 laws governing workers' compensation in individual states and provided a system through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's responsibilities, and allows railroad employees who are injured to seek damages.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and provides a mechanism for claiming damages when they are injured on the job due to a violation of federal safety regulations or due to the negligence of their employer.
To be successful in a lawsuit under FELA an injured railroad worker must prove that their employer violated the act and that the breach caused or contributed to their death or injury. In a FELA lawsuit the burden of proof is on the plaintiff. The court can decide to have a jury hear the case of a FELA claim.
To be successful in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed due to the railroad's negligence or inability to provide safety equipment or training, or in violation of a safety act such as the Boiler Inspection Act. If fela claims is found to be that a plaintiff is the winner the railroad must compensate the damages that were awarded. The jury has to be properly educated on the law prior to beginning deliberations.