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The Federal Employers? Liability Act Protects Railroad Workers
As the railroad industry continues to expand as is the possibility of getting injured at work. Unlike other types of workers railroad workers do not have access to state-run workers' compensation systems. Instead, they are covered by a federal law that protects them from employer negligence.
This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).
Definition
Railroad workers face unique safety challenges. To avoid work-related accidents, railroad workers are held to an elevated standard. If a worker is injured while working it can be devastating and affect their entire life. Thankfully there are laws to protect workers and ensure they receive the compensation they need.
The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA is different from the regular workers' compensation, which protects state workers in other sectors. In contrast to workers' compensation, FELA claims must be established by proving the employer's negligence. This is where a FELA lawyer can really help.
Congress passed FELA in 1908. The law stipulates that railroad carriers is liable for the death or injury of an employee. This liability is only applicable in the event that the incident occurred within the context of the employee's work and was caused by negligence on the part of the carrier. This could include the failure to provide adequate safety equipment, training, and procedures, or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.
The law was passed to protect railroad workers, but it also sets high standards of liability for employers in all industries. Judges generally do not consider workers' compensation or FELA to be the same, however that is changing as more FELA cases are filed. It is important to understand the distinctions between these laws to choose which is best for your particular situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA.
Purpose
As a rule employers are accountable for keeping their employees safe at work. This is particularly relevant for those who work in high-risk fields like construction and utilities. In certain cases the negligence of an employer can lead to a worker being injured or even dying. Because of this, employers in these fields are required to adhere to stricter safety standards. When an employee is injured while at work, they must be compensated for medical expenses as well as lost income.
While workers' compensation laws protect many workers in the United States, there are specific 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 caused by an employer's negligence.
In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. The law was not designed to provide railroad workers with full compensation. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is based on the negligence of a contributor.
In general an injured worker must prove the following three things to be awarded compensation under FELA:
Scope
Railroad workers are at risk in a unique way. If they get injured on the job they are entitled to an action right against their employer under a Federal statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law is not only essential for protecting workers, but also sets high standards that employers must adhere to.
fela law firm seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of the employee's job; (2) the employee was acting within the course and of the scope of his 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 played some part in causing the injury.
While many injuries fall under either workers' compensation or FELA certain cases could fall under both. Both laws are different in various ways. A knowledgeable lawyer can help you determine which law is best for your situation. Having an understanding of these differences can save you time and money, as well as avoiding unnecessary confusion.
Limitations
Employers are accountable for the health and safety of their employees. However certain jobs and industries pose a higher risk of injury than others. This is why these employers are held to a more strict level of safety guidelines. For example, workers in high-risk industries like utilities and construction are usually covered under worker's compensation laws. State-specific laws give workers compensation if they're injured during their work. Railroad workers are also covered by the Federal Employers' Liability Act which is codified as 45 U.S.C. 51-60).
In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by their employer's negligence or violation of federal safety laws. Unlike the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers demonstrate that their employer's negligence was the reason for their injuries.
FELA claims will be considered in federal courts, and railroad workers who have been injured are entitled to trial by jury. In a jury trial, the jury will decide whether the railroad is accountable for the death or injury of an employee who was injured. The verdict is based on the evidence that are presented in the case including that the railroad was negligent in not exercising a reasonable duty of care for its workers and that the railroad's negligence led to, or contributed to cause, the injury or death.
Furthermore the jury must determine that the railroad has was in violation of one or more of the statutes set forth in the FELA instructions. This includes violations of the 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 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 (FELA) to offer protection for railroad workers who suffered injuries on the job. This law was different from the workers' compensation laws in the individual states and created a system through which injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and permits railroad workers injured to recover damages in cases of injuries.
FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that operate and maintain railway tracks that are utilized by other interstate railroads. Railroad employees are exempt from state workers' compensation and allows them to claim damages if they suffer injuries at work as a result of a lapse or negligence by their employer.
In order to win a lawsuit brought under FELA an injured railroad worker must show that their employer violated the act and that the breach caused or caused their death or injury. The burden of proof in a FELA case rests with the plaintiff and the court has the authority to require a jury trial in a FELA claim.
To prevail in a FELA lawsuit the employee must show that the railroad was at fault for their injuries or death. They must show that they were injured or killed as a result of the railroad's negligence or inability to provide safety equipment or training, or in violation of a safety rule such as the Boiler Inspection Act. If the jury is found to be that a plaintiff is the winner the railroad must pay the damages that were awarded. Before beginning their deliberations, the jury should be properly informed about the law.
