10 Things We We Hate About Federal Employers

Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that suffer injuries are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).

To be able to claim damages under the FELA the victim must demonstrate that their injury was at least partially caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA while both laws provide protection to employees. These differences are based on the process of filing claims, fault assessment and types of damages that are awarded in the event of death or injury. Workers' compensation law offers immediate aid to injured workers, regardless of who is at fault for the accident. FELA however, in contrast demands that claimants prove that their railroad company was at least partly accountable for their injuries.

In addition, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also allows jurors for trials. It also sets specific rules for determining damages. For example, a worker can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. Additionally an FELA suit could 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 higher requirement than that required to win a workers compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages.

Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. FELA is important to ensure the safety of railway workers, and to correct employers' inability to protect their employees.

It is important that you seek legal advice as soon as you can when you are railway worker who is injured at work. The best way to begin is by contacting a BLET-approved Legal Counsel (DLC). Click here to find the DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal employers’ law that allows seamen to sue their employers for on-the-job injuries and deaths. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by the laws on workers' compensation like those that cover employees on land. It was modeled after the Federal Employers' Liability Act (FELA) which was which protects railroad employees. It was also tailored to meet the needs of maritime workers.

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

A suit for a seaman in the Jones Act can be brought either in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a completely different approach than most workers' compensation laws which are generally statutory and do not afford injured employees 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 held that lower courts were right when they determined the seaman had to prove that his contribution to his accident directly led to his injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk argued that the causation standard 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 enables railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers in high-risk sectors. This enables them to be compensated for their injuries as well as take care of their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for companies who operate railroads.

FELA requires railroads to provide a secure working environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a safe working environment and that their injury resulted directly from this failure.

Some workers may find it difficult to meet this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. This is why having a lawyer who has experience in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker by providing a solid legal basis.

Some railroad laws that may strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. 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 of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA.

If an automatic coupler, grab iron, or any other railroad device is not installed properly or is damaged it is a typical instance of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident the employee may be entitled to compensation. The law provides that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even if it is minimal).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that permit railroad workers and their families to recover significant damages for injuries they that they sustain on the job. This includes compensation for the loss of earnings and benefits such as medical costs as well as disability benefits and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim can be filed for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging similar conduct.

Congress approved FELA as a response to the public's anger in 1908 over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers for injuries they sustained on the job. Railroad workers who were injured, and their families, were often left without adequate financial assistance during the period they were unable to work because of their accident or negligence of the railroad.

Under the FELA railroad workers who suffer injuries can file a claim for damages in state or federal courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions to the actions of their coworkers. The law also allows for an open trial before a jury.

If a railroad company violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove that it was negligent or that it was a contributory 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 worker who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad accidents. A good lawyer can help you file your claim and get the most benefits during the time you are unable to work due to the injury.