The Ultimate Glossary Of Terms About Federal Employers

Author : Wolfe Jefferson | Published On : 20 May 2024

The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry grows, so too does the risk of being injured while working. As opposed to other types of employees railroad workers don't have access to state-run worker's compensation systems. Instead, they are protected by a federal law that shields them from employer negligence.

This federal law is referred to as the Federal Employers? accidentinjurylawyers (FELA). Here's the information you need to know about it.

Definition

Railroad workers face unique safety challenges. In turn, they are held to higher standards in regards to work-related injuries. An injury sustained by a worker during work can have devastating consequences for their lives. Fortunately there are laws in place to protect workers and ensure they get the compensation they need.

The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation which covers workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or inattention. A FELA attorney is a great resource.


Congress adopted FELA (1908). The law states that railroad companies can be held accountable for the death or injury of an employee. This is only the case in the event that the incident occurred within the context of the employee's job, and was caused by the negligence of the railroad company. This includes failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act.

Despite the fact that the law was passed to protect railroad workers, it also sets high liability standards for employers across all industries. In general, workers compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. It is essential to be aware of the distinctions between these laws in order to determine which one is the best 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

As a rule employers are accountable to ensure their employees are safe at work. This is particularly true for workers who work in areas that are high-risk like construction and utilities. In some instances the employer's negligence can result in an employee being injured or even dying. Employers in these industries must follow stricter safety regulations. If an employee gets injured at work, they must be compensated for their medical expenses and loss of income.

Workers' compensation laws protect 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 or FELA, require a worker to prove that their injury was caused due to an employer's negligence.

In 1908, Congress passed the FELA to ensure that railroad workers receive compensation for their injuries. The law was not meant to give railroad workers full compensation. Instead, the law requires that the injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence.

In general, an injured worker has to prove three things in order to be eligible for compensation under the FELA.

Scope

Railroad employees enjoy an environment of work that has its own set of hazards. If they are injured while at work, they may sue their employer under a Federal Statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just crucial to protect workers, it also sets high standards that employers must meet.

A Tennessee worker who seeks compensation under FELA must prove four elements: 1.) the injury occurred within the context of employment,) the employee acted in the course and scope and the duties he or she performed 3) the conduct at issue furthered the employer's interstate transportation business, and four) the railroad was negligent.

Some cases may be covered under both workers' compensation and FELA. The two laws differ in several ways, and a seasoned lawyer can help you decide which one is best suited to your needs. Having an understanding of these distinctions can save you time and money, as well as avoid unnecessary confusion.

Limitations

Employers across the nation are responsible to ensure that their employees are secure and free of harm. Certain industries and professions carry a greater chance of injuries. Therefore, those employers are required to adhere to a stricter standard of safety guidelines. The workers in high-risk industries like construction and utilities, for example, are often covered under worker's compensation law. These state-specific laws provide compensation to workers injured on the job. Railroad workers are also covered under the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60).

In 1908, Congress passed the FELA. This law permits injured railroad workers to claim damages against employers due to their negligence or in violation of federal safety laws. In contrast to state workers' compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.

FELA claims will be considered in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial the jury must decide if the railroad is responsible for the death or injury of an injured employee. This conclusion is based on the proofs provided in the case including 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 the cause of the injury or death.

Furthermore the jury must find that the railroad violated 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. In the end, the jury has to determine the amount of damages for which the plaintiff is liable and may also reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed to the death or injury.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries while working. This law was different than the laws for workers' compensation in individual states and provided an avenue through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's responsibilities, and allows injured railroad employees to recover damages.

FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who manage and own rail lines that are used by interstate railroads. It exempts railroad workers from state laws on workers' compensation and provides a mechanism to claim damages if they are injured at work because of a violation to federal safety statutes or the negligence of their employer.

In order to win a lawsuit under FELA railroad workers who have been injured must prove that their employer violated that act and that this violation led to the injury or death. The burden of evidence in a FELA case rests with the plaintiff and the court has the authority to require a jury trial for the purpose of a FELA claim.

To be successful in a FELA claim, an employee must prove that the railroad was responsible for or contributed to their death or injury. They must show that they were injured or killed because of the railroad's negligence or inability to provide safety equipment and/or training, or a violation of a safety act like the Boiler Inspection Act. If the jury gives damages to a plaintiff following an award, the railroad is responsible for the payment of the damages. The jury must be properly instructed about the law before they begin deliberations.