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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and so are the risks of getting injured at work. Railroad workers aren't covered by state-run workers' compensation systems. They are protected under a federal law against employer negligence. 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 unique safety challenges. As a result, they are required to meet higher standards when it comes to work-related injuries. An injury sustained by a worker during work can have devastating effects on their lives. Fortunately there are laws in place to protect workers and ensure they receive the compensation they are due. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA is different from regular workers compensation, which covers state workers in other industries. Unlike workers compensation, FELA claims must be proved by proving an employer's negligence. This is where a FELA lawyer can be of great help. Congress adopted FELA in 1908. The law says that railroad carriers can be held liable for the injury or death of an employee. However, this only applies 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 sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act. Despite the fact that the law was enacted to offer protection to railroad workers, it also creates high liability standards for all employers. Generally speaking, workers' compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are being filed under the FELA. As a result, it is important to know the differences between these two laws, so that you can choose which one is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can help you file claims under FELA. Purpose In general, employers are responsible to ensure the safety of their employees while at work. This is especially true for workers in high-risk sectors such as utilities and construction. In some cases, however, an employer's negligence can result in workers being injured or even dying. This is why employers in these fields are held to stricter safety standards. If an employee gets injured while at work, they must be compensated for medical expenses and lost income. While workers' compensation laws cover many workers in the United States, there are particular federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require the worker to prove that their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for injuries suffered by them. It was not intended to grant railroad workers complete compensation automatically. Instead the law requires the injured worker prove that their injury was caused by railroad's negligence. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general an injured worker must prove the following three elements to be awarded damages under FELA: Scope Railroad workers face a variety of risks. If they are injured while at work, they could sue their employer under a Federal Statute referred to as the Federal Employers? fela claims , U.S.C. 51 et seq. This law isn't just designed to protect workers, but also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of work; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct was in the interest of the employer's interstate transportation business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Many injuries are covered under either workers compensation or FELA certain cases could fall under both. Both laws differ in many ways. An experienced lawyer can help you determine the best law for your particular situation. Knowing these distinctions will save you time and money, as well as avoid unnecessary confusion. Limitations Employers across the United States are responsible to ensure that their employees are safe and unharmed. However, certain industries and jobs pose a higher risk of injury than others. Thus, these employers are held to a stricter standard of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are usually protected under the law on worker's compensation. State-specific laws give workers compensation if they are injured in the course of 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 the FELA. This law allows railroad workers injured by injuries to seek damages from employers caused by their negligence or in violation of federal safety laws. In contrast to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. Instead it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims are usually heard in federal court and railroad workers who have been injured are entitled to have their cases heard by jury. In a jury trial the jury must decide that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion should be based on the evidence provided in the case. It must include that the railroad did not uphold a duty of respect towards its employees and that negligence caused or contributed to the death or injury. Furthermore the jury must determine that the railroad has did not comply with one or more of the statutes set forth in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will then determine the amount for which the plaintiff must be held liable. It may reduce the amount by the percentage that negligence by the plaintiff contributed to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who had suffered injuries while working. This law was different from the laws on workers' compensation of each state, and provided a system whereby injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers to claim damages in the event of injuries. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. Railroad workers are exempt from the state's workers' compensation laws and provides a mechanism for claiming damages when they are injured while working because of a violation to federal safety regulations or due to the negligence of their employer. To win a lawsuit under FELA an injured railroad worker has to show that their employer acted in violation of the law and that the violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court may decide to decide to have a jury hear a FELA claim. To win a FELA lawsuit, an employee has to prove that the railroad was accountable for their injuries or death. They must prove that they were injured or killed as a result of the railroad's negligence, or inability to provide safety equipment and/or training, or because of a violation of a safety rule such as the Boiler Inspection Act. If a jury decides to award damages to a plaintiff after an award, the railroad is responsible for paying the damages. Before beginning their deliberations, the jury should be properly informed about the law.