Notes

10 Things We All Hate About Federal Employers
Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk sectors are injured, they are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).

To claim damages under the FELA, a victim must prove that their injury was at least in part caused by the negligence of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that offer protection to employees, there are a few differences between them. These differences are based on 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 law gives quick assistance to injured workers regardless of who is at fault for the accident. FELA in contrast, requires that claimants demonstrate that their railroad company was at least partly accountable for their injuries.

Additionally, FELA allows workers to sue federal courts rather than the state's workers' compensation system and provides the option of a jury trial. It also has specific rules for the calculation of damages. A worker can receive up to 80% their average weekly salary, plus medical expenses, as well as an appropriate cost-of-living allowance. Moreover an FELA suit could also include 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 was at least a part in the resulting injury or death. This is a higher requirement than that required for a successful workers compensation claim. This requirement is a result of the history of FELA. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to seek damages.

Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks, as well as in their machines shops, yards and other workplaces. FELA is crucial to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees.

It is essential to seek legal advice as quickly as you can if you are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Follow this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was passed in 1920 to provide a means to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered by workers' compensation laws unlike employees who work on land. It was modeled on the Federal Employers' Liability Act (FELA), a law that covers railroad employees. It was also crafted to satisfy the needs of maritime workers.

The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages, such as past and present suffering and pain, future loss of earning capacity and mental distress, among others.

A seaman's claim under the Jones Act may be brought in either a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely different approach than most workers' compensation laws, which are generally statute-based and do not grant the injured employee the right to a jury trial.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court ruled the lower courts were right when they determined the seaman had to prove that his contribution to his accident directly caused his injury.

Sorrell was awarded US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.


Safety Appliance Act vs. FELA

Unlike workers' compensation laws and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is a crucial distinction for injured workers working in high-risk fields. This allows workers to receive compensation for their injuries as well as take care of their families following an accident. The FELA that was enacted in 1908, was an acknowledgment of the inherent risks of the work. It also established standardized liability requirements.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To allow an injured worker to be successful in a claim they must prove that their employer violated their duty of care by failing to provide a safe work environment, and that the injury was directly caused by the inability.

Some employees may find it difficult to meet this requirement, particularly if a defective piece equipment is responsible for causing an accident. This is why having a lawyer who has experience in FELA cases can be of assistance. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that regulate these requirements, can help bolster the legal case of a worker by giving a solid legal basis.

Certain railroad laws that could strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must comply with these rules in order to protect their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim of injuries under the FELA.

A common example of railroad statute violations is when an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured because of this, they could be entitled to compensation. However, the law also stipulates that if the plaintiff contributed to their injury in any way (even even if it was a minor cause) the amount they claim will be reduced.

Boiler Inspection Act vs. FELA

FELA is a series of federal laws which allow railroad workers and their families to collect substantial damages for injuries sustained during work. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim may be made for punitive damages. This is to punish the railroad and deter other railroads from engaging similar actions.

Congress approved FELA as a response to the public's anger in 1908 at the shocking rate of fatalities and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries in the course of their work. Injured railroad workers, and their families, were often denied financial aid during the time they were unable to work because of their injuries or negligence on the part of the railroad.

Under the FELA railroad workers who suffer injuries may make a claim for damages in federal or state courts. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk with an approach based on the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing their actions with those of his coworkers. The law allows for a trial by jury.

If fela claims railroad employees violates a federal railroad safety statute like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any 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 make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you've been injured on the job as a railroad employee, you should consult a skilled railroad injury lawyer immediately. A good lawyer can help you file your claim and receive the maximum amount of compensation during the time you are in a position of no work because of the injury.

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