The Best Advice You Could Ever Get About Federal Employers

Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act, for example, protects railroad employees.

To be able to claim damages under FELA workers must prove their injury was caused partially due to negligence on the part of the employer.

FELA against. Workers' Compensation

There are some differences between workers' compensation and FELA while both laws provide protection to employees. These differences relate to claims processes, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation law gives immediate aid to injured workers, regardless of who is responsible for the accident. FELA, however demands that claimants prove that their railroad employer was at a minimum partially accountable for their injuries.

FELA also allows workers to sue federal courts instead of the state workers' compensation system and also allows a trial with a jury. It also has specific rules for the calculation of damages. For example workers can be awarded compensation up to 80 percent of their weekly wage, plus medical expenses and a reasonable cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain.

In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at least an element in the cause of injury or death. This is a far higher standard than what is required for a successful claim under workers' compensation. This is a consequence of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to sue for damages.

As a result of more than a century of FELA litigation railway companies are now able to adopt and use safer equipment, however the trains, tracks, railroad yards and machine shops remain one of the most hazardous places to work. This is what makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to protect their employees.

If you are a railway employee who was injured while on the job it is imperative to seek legal advice as soon as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer during work. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, since they are not covered by workers' compensation laws like those that cover employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers and was tailored to address the specific needs of maritime employees.

In contrast to workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including past and present pain and suffering, future loss of earning capacity as well as mental distress, for example.

A claim against a seaman under the Jones Act can be brought in an state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. The majority of these laws are statutes and do not grant injured employees the right to a trial by jury.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to determine whether the contribution of a seaman to his or her own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court ruled the lower courts were correct when they determined the seaman must prove his role in the accident directly caused his injury.

Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was solely accountable for the negligence that directly caused the injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they will be compensated and support their families. The FELA law, which was passed in 1908, was an acknowledgment of the inherent hazards of the work. It also set up uniform liability standards.

FELA requires railroads to provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To allow an injured worker to prevail in a lawsuit, they must prove that their employer violated their duty of care by failing to provide a reasonably safe work environment, and that the injury was the direct result of the negligence.

This requirement can be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements, can help bolster a worker's legal case by providing a solid legal base.

Some railroad laws that can aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail corporations and, in some instances, their agents (such as supervisors, managers, or company executives) must adhere to these regulations to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of one of these rules is sufficient to justify a claim for injury under FELA.

If an automatic coupler, grab iron, or any other device for railroads is not installed properly or is damaged it is a typical example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured as a result they could be entitled to compensation. However, the law also states that if the plaintiff was a contributor to the injury in some way (even the injury is not severe) the claim could be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allows railroad employees and their families to claim substantial damages if they are injured on the job. This includes compensation for the loss of earnings as well as benefits like medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar behavior.

Congress approved FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers if they were injured on the job. Railroad workers injured and their families were frequently left without adequate financial assistance during the time they were unable to work due to their injury or the negligence of the railroad.

Under the FELA railroad workers who suffer injuries may file a claim for damages in federal or state courts. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of comparative fault. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law allows for a trial by jury.

If a railroad operator violates one of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove it was negligent, or even that it was a contributory to the cause of an accident. You can also bring an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad employee who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. The right lawyer will be able to assist you in submitting your claim and getting the maximum benefits available during the time that you aren't able to work due to your injury.