A Productive Rant About Federal Employers

Workers Compensation Vs Federal Employers Liability Act

Workers in high-risk industries who are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA).

To claim damages under the FELA the plaintiff must be able to prove that their injuries were at a minimum, caused through the negligence of the employer.

Workers' Compensation vs. FELA

There are some differences between workers compensation and FELA, even though both laws offer protection to employees. These differences are related to the claims process, fault assessment and the kinds of damages awarded in instances of death or injury. Workers' compensation law gives rapid aid to injured workers, regardless of who is responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at least partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for determining damages. A worker may receive up to 80% of their average weekly salary, together with medical expenses, as well as a reasonable cost-of-living benefit. Furthermore, a FELA suit may include additional compensation for pain and suffering.

In order for a worker to be successful in a FELA case they must prove that the railroad's negligence played at least a part in the resulting injury or death. This is a higher standard than what is required to win a workers compensation claim. This is a part of the FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages.

As a result of more than a century of FELA litigation, railway companies now regularly implement safer equipment, but railroad tracks, trains, yards and machine shops are some of the most dangerous places to work. FELA is crucial to ensure the safety of railway workers, and to address employers' inability to protect their employees.

It is essential to seek legal advice as quickly as you can when you are railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click on this link to find the DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for injuries or deaths on the job. The Jones Act was passed in 1920 as a means to protect sailors who are at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike workers on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the unique requirements of maritime workers.

Contrary to the laws governing workers' compensation which limit the recovery for negligence to a maximum amount of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their death or injury. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering, past and future loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in either a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutory in nature and do not give injured workers the right to a trial before a jury.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injuries was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct in their decision that a seaman's role in his own accident must be proved to have directly caused his or her injury.

Sorrell received US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA Vs. Safety Appliance Act

In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries and to maintain their families after an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to set up uniform liability standards for businesses that manage railroads.

FELA requires that railroads provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has violated their duty of responsibility by failing to provide them with a reasonably secure working environment and that the injury was the direct result of this failure.

Some workers may find it difficult to meet this requirement, particularly if a defective piece equipment is responsible for causing an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by providing a solid legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws, referred to as "railway statues," require that rail corporations, and in some cases their agents (such as supervisors, managers, or company executives), comply with these rules to ensure the safety their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is enough to support a claim of injuries under the FELA.

A common instance of an infraction to the railroad statute is when an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured due to this, they could be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even if it is minimal).

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws that permit railroad workers and their families to recover significant damages for injuries they caused while working. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to punish the railroad and discourage other railroads from engaging similar actions.

Congress approved FELA in response to the public's anger in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers when they were hurt on the job. Injured railroad workers and their families were often left without adequate financial support during the period they were unable to work due to accident or negligence of the railroad.

Under the FELA railroad workers who suffer injuries are able to seek damages in federal or state courts. The act abolished defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his actions to those of his coworkers. The law permits the jury to decide on the case.

If a railroad operator violates one of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not need to prove negligence or contribute to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.

If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury lawyer right away. The right lawyer can assist you in filing your claim and getting the maximum benefits available for the time you are not working because of your injury.