Notes

Federal Employers: 11 Things You're Not Doing
Workers Compensation Vs Federal Employers Liability Act

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

To recover damages under the FELA, a victim must prove that their injury was at a minimum, caused due to the negligence of their employer.


FELA Vs. Workers' Compensation

While both workers compensation and FELA are laws that offer protection to employees, there are a few differences between them. These differences are related to the claims process as well as fault assessment and the types of damages that are awarded in the event of death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was responsible for the accident. FELA however, in contrast, requires that claimants demonstrate that their railroad company was at least partly responsible for their injuries.

FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and provides a trial by jury. It also provides specific rules for determining damages. A worker may receive up to 80% their average weekly wage together with medical expenses and a reasonable cost-of-living allowance. Additionally the FELA suit could include compensation for pain and suffering.

In order for a worker to be successful in a FELA case, they must show that the railroad's negligence was at least a small part in the injury or death. This is a higher level than what is required for a successful workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for substantial damages when they were injured during their job.

In the wake of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, but the railway tracks, trains, yards and machine shops remain some of the most dangerous work environments. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees.

It is important that you seek legal advice as soon as you can if are a railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to locate the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters as they are not covered by workers' compensation laws like those for land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA) which protects railroad workers, and was specifically designed to meet the unique requirements of maritime workers.

Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. In addition under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering and pain, past and future loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not give injured workers the right to a trial by jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subjected to a higher evidence standard than FELA claims. The Court ruled the lower courts were right when they determined the seaman had to prove that his involvement in the accident directly led to his injury.

Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

FELA vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a significant distinction for injured workers working in high-risk sectors. After an accident, they can be compensated and support their families. The FELA law, which was passed in 1908 was an acknowledgement of the inherent risks of the work. It also established standardized liability requirements.

FELA requires that railroads provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To be successful, an injured worker must prove that their employer breached their obligation to them by not providing them with a reasonably secure working environment, and that their injury was the direct result of this failure.

Some employees may find it difficult to comply with this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by establishing a solid legal basis.

Some railroad laws that can help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as "railway statutes" and require that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is sufficient to support an injury claim under FELA.

A typical illustration of an infraction to the railroad statute is the case where an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured because of this, they may be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even when the injury is not severe).

FELA in opposition to. Boiler Inspection Act

FELA is a set of federal laws that permit railroad employees and their families to recover substantial damages for injuries that they sustain during work. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be claimed. This is to penalize railroads for negligent actions and discourage other railroads from engaging in similar actions.

Congress passed FELA in response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers when they were injured while on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the time that they could not work because of their injuries or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law allows for an investigation by jury.

If a railroad company is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove that it was negligent or the fact that it caused an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you've been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer right away. fela lawyer can assist you in filing your claim and getting the highest amount of benefits for the time you aren't working due to your injury.

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