In our world today here are a number of occupations which are deemed to be highly dangerous, one of which is for railroad workers. Any person who has worked on or with a railroad company is aware of the daily pressures and hazards that are ever present, particularly when the employers are not taking every step possible to care for the wellbeing of their workers. The government became well aware of the ever present dangers for workers on the railways, and therefore Congress passed the Federal Employers Liability Act (FELA) in 1908 in order to offer a source of protection for both the victims of accidents and subsequent injuries and their families as well, particularly in the event of a death on the job.
What is unique about FELA is that it offers protection for all employees of the railroad industry, even if your job doesn't even constitute you to be located near the actual train or tracks. In the event of an injury for an employee, they have the option to go directly to their employer or the company as a whole or they reserve the right to go the next step further and pursue legal action in order to receive a higher number in compensation for their workplace injury. What differs about FELA when compared to a typical workers' compensation benefit that is offered in most places of employment is the fact that the injured worker is required to prove negligence on behalf of whoever the defendant may be. Whether this is the employer or another employee, proof must be demonstrated. The average works compensation benefit is usually categorized as being "no fault" which means that if a work is injured they can simply receive financial help without having to prove that anyone is responsible.
The FELA requires that the worker prove the liability rests with the defendant, and that they somehow (even in the smallest of ways) played a role in your injury. It is required under the laws of FELA that all employers seek to provide their workers with the safety resources and good conditions that they need to work in. And if an injury occurs under the premises of them not following the guidelines set my FELA, they will be held liable for the injury.
These FELA requirements for the employers include:
- That a safe environment be provided for the workers, and the proper safety tools and equipment be given
- Workers need to be trained for their respective jobs, supervised and assisted as needed
- Employers need to make sure that the work environment is continually free from hazards through safety inspections
- Employers are required to enforce the safety rules and regulations among their employees
- Workers must be protected from the harmful actions of other employees
Please contact Simmons, Morris & Carroll, LLC today for the Shreveport injury lawyer you deserve on your side after a railroad injury if you decide your FELA compensation is not enough for your pain and suffering.