10 Things Everyone Has To Say About Federal Employers

Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who suffer injuries are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.

To be able to claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially 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 the two. These differences are related to the claims process, fault evaluation and the types of damages that are awarded in the event of death or injury. Workers' compensation law provides quick assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad employer is at least partially responsible for their injuries.

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

To be successful for a worker in a FELA case, they must show that the railroad's negligence played at least a role in the death or injury. This is a far more stringent requirement than that needed to be successful in a claim under workers' compensation. This requirement is a product of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for large damages if they were injured during their employment.

As a result of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, but trains, tracks, railroad yards and machine shops are still among the most dangerous places to work. FELA is crucial to ensure the safety of railway workers, and to correct employers' inability to protect their employees.

If you are a railway worker who has been injured on the job it is essential that you seek legal advice as soon as possible. The best way to begin is to contact a BLET-approved Legal Counsel (DLC). Follow this link to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 as a way to safeguard sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers' Liability Act (FELA), a law that covers railroad employees. It was also designed to satisfy the needs of maritime workers.

Unlike workers' compensation laws, which limit recovery for negligence to a maximum amount 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 death or injury was directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain in the past and future, loss of earnings capacity and mental distress.

A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach than most workers' compensation laws, which are generally statutory and do not afford the injured employee the right to a jury trial.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident must be shown as having directly caused his or her injury.

Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were not correct and they had instructed the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases.

FELA vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a significant distinction for injured workers who work in high-risk fields. After an accident, they can 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 standardized employers’ Liability Act Fela requirements.

FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety gear. To allow an injured worker to succeed in a lawsuit, they must prove that their employer breached their duty of care by failing to provide a reasonably safe work environment and that the injury was directly caused by the failure.

Some workers may have difficulty to meet this requirement, particularly if a defective piece equipment can be the cause of an accident. An attorney with experience in FELA claims can be a great help. A lawyer who is familiar with the safety requirements for railroaders and the regulations that regulate these requirements, can help bolster a worker's legal case by providing a solid legal base.

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 companies and, in certain instances, their agents (such as supervisors, managers, or company executives) adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence in and of itself, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA.

When an automatic coupler, grab iron or other railroad device is not installed correctly or is damaged it is a typical instance of a railroad law violation. If an employee is injured due to this, they may be entitled to compensation. The law states that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even when the injury is not severe).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws that permit railroad employees and their families to claim substantial damages for injuries caused while working. This includes compensation for the loss of earnings and benefits such as medical costs, disability payments, and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is to punish the railroad and discourage other railroads from engaging similar conduct.

Congress adopted FELA in 1908 as a result of public outrage at the alarming rate of fatalities and accidents on the railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers when they were hurt while on the job. Railroad workers injured in the line of duty and their families were often left without financial support during the period they were unable to work due to their accident or negligence of the railroad.

Under the FELA railroad workers who are injured can seek damages in state or federal courts. The act fela has replaced defenses like 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 share of the responsibility for an accident is determined by comparing their actions to those of his coworkers. The law also permits an open trial before a jury.

If a railroad operator violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result. The railroad is not required to prove that it was negligent or the fact that it caused an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.

If you have been injured while working as a railroad employee, you should consult a skilled railroad injury attorney immediately. The right lawyer will be able to assist you in filing your claim and receiving the most benefits possible for the time you aren't able to work because of the injury.