The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to grow, so too is the possibility of getting injured at work. Railroad workers aren't covered by state-run workers' compensation systems. Instead, they are covered by an unwritten law that protects them from negligence by employers.
This federal law is known as the Federal Employers? Liability Act (FELA). Here's the information you must know about the Financial Liability Act (FELA).
Definition
Railroad workers face a unique set of safety challenges on the job. As a result, they are required to meet higher standards in regards to injuries that are related to work. If a worker is injured on the job, it can be extremely devastating and impact their entire life. Fortunately there are laws in place to protect workers and ensure that they receive the compensation they deserve.
The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from the standard workers compensation, which covers state workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or inattention. This is where a FELA lawyer can be of great help.
Congress adopted FELA (1908). The law states that railroad companies are accountable for injuries or death of their employees. This is only the case in the event that the incident occurred within the course and scope of the employee's duties and was caused by the carrier's negligence. This could be due to the carrier's failure to provide adequate 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 enacted to offer protection to railroad workers, it also sets strict liability requirements for all employers. Generally, workers' compensation and FELA are not viewed as the same by judges, but this is changing as more cases are filed under the FELA. It is crucial to know the differences between these laws in order to determine which one is the best for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing an action under FELA.
Purpose
In general employers are responsible for ensuring their employees' safety at work. This is particularly true for workers in high-risk industries such as construction and utilities. In certain cases an employer's negligence could cause a worker to be injured or even dying. Employers in these industries must follow stricter safety rules. If an employee is injured while at work, they should be compensated for medical expenses as well as lost income.
While workers' compensation laws cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) requires the worker to prove that their injury was caused by the employer's negligence.
In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. The law was not intended to grant railroad workers complete compensation automatically. Instead the law requires a worker prove their injury was caused by the railroad's negligence. fela railroad accident lawyer prohibits employers from denying a claim based on contributory negligence.
As a rule an injured worker must demonstrate the following three things in order to be awarded damages under FELA:
Scope
Railroad employees have an environment of work that comes with the risk of its own. If they are injured while at work, they may sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers but sets high standards for employers to adhere to.
A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the scope of employment; (2) the employee was acting in the course and of their 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 caused the injury.
Certain cases could fall 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 save you money and time as well as to avoid confusion.
Limitations
Employers across the United States are responsible for keeping their employees protected and safe. However certain jobs and industries pose a higher risk of injury than other. Therefore, those employers are required to adhere to a stricter standard of safety standards. For instance, workers in high-risk industries like utilities and construction are typically covered under worker's compensation laws. State-specific laws give workers compensation if they're injured in the course of their work. In the same way, railroad workers are protected by 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 injured railroad workers to sue their employers for damages incurred by negligence of their employers or in violation of federal safety statutes. Contrary to state laws regarding workers compensation, 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 was the reason for their injuries.
FELA claims will be handled in federal courts and railroad employees who have been injured are entitled to a jury trial. In a jury trial, the jury must decide if the railroad is liable for the death or injury of an injured employee. The verdict is based on the evidence that are presented in the case for example, 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 injury or death.
Moreover the jury has to determine that the railroad has violated 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 determine the amount at which the plaintiff must be held accountable. It may reduce the amount by a percentage that the plaintiff's negligence was responsible to or caused the death or injury.
Applicability
In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was different from the laws for workers' compensation in the individual states and created an avenue through which injured railroad workers could sue their employers directly. FELA sets high standards for the duties of employers and permits railroad workers injured to claim damages in the event of injury.
FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that manage and own railway tracks that are utilized by other interstate railroads. Railroad employees are not covered by state workers' compensation, and gives them the ability to seek damages if they suffer injuries at work due to a violation or negligence of 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 violation caused or caused their death or injury. In a FELA lawsuit the burden of proof lies on the plaintiff. The court may order a jury to hear the FELA claim.
To win a FELA lawsuit the employee must prove that the railroad was accountable for their injury or death. They must show that they were hurt or killed as a result of the negligence of a railroad, their failure to provide safety education and equipment, or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides to award damages to a plaintiff following an award the railroad is accountable for the payment of the damages. The jury should be properly informed about the law before they begin deliberations.