5 Laws Anyone Working In Federal Employers Should Know
Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad workers.
To be able to claim damages under FELA, a worker must prove that their injury was caused at the very least partially due to negligence on the part of the employer.
Workers' Compensation vs. FELA
There are differences between workers compensation and FELA although both laws offer protection to employees. These distinctions 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 laws provide immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad's employer is at a minimum partially responsible for their injuries.
FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system and also allows a trial with a jury. It also provides specific rules for determining damage. For example, a worker can receive an amount of compensation that is up to 80% of their average weekly earnings, as well as medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.
In order for a worker to be successful in a FELA case, they must show that negligence by the railroad played at least a role in the injury or death. This is a much more stringent requirement than that needed to be successful in a claim under workers compensation. This is a part of the FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for large damages if they were injured in the course of their job.
In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, however the trains, tracks, railroad yards and machine shops are still some of the most dangerous work environments. This is what makes FELA essential for ensuring the safety of all railway workers as well as addressing the failures of employers to protect their employees.
It is important that you seek legal counsel as soon as you can when you are railway worker who has been injured at work. The best way to start is to reach out to a BLET designated Legal Counsel (DLC). Click on this link to locate a DLC firm in your region.
FELA vs. Jones Act
The Jones Act is federal law that permits seafarers to sue their employers for injuries or fatalities during work. The Jones Act was enacted in 1920 as a way to safeguard sailors who are at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the unique requirements of maritime workers.
The Jones Act, unlike workers compensation laws, which limit the amount of compensation for negligence to the amount of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain, past and future loss of earnings capacity and mental distress.
A claim against a seaman under the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a completely new approach to the laws governing workers' compensation. The majority of these laws are statutes and do not grant injured workers the right to trial by jury.
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subject to a stricter evidence standard than FELA claims. The Court held that lower courts were correct when they determined the seaman must prove his involvement in the accident directly caused his injury.
Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct as they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.
FELA vs. Safety Appliance Act
Unlike workers' compensation laws 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 provide for their families. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish standard liability requirements for companies that operate railroads.
FELA requires that railroads provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer did not fulfill their obligation of care by not providing them with a reasonably safe working environment and that the injury resulted directly from this negligence.
Some workers may have difficulty to meet this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. This is why a lawyer who has expertise in FELA cases can be of assistance. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements, can help strengthen a worker's legal case by giving a solid legal basis.
Some railroad laws that can help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail corporations and, in some cases their agents (such as managers, supervisors or company executives) 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 any one of these rules is sufficient to support an injury claim under FELA.
If an automatic coupler grab iron, or any other device for railroads is not installed correctly or is defective it is a typical instance of a lawful railroad violation. This is a clear violation of the Safety Appliance Act, and when an employee is injured as a result the employee may be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to the injury in some way (even even if it was a minor cause) the amount they claim will be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws that allow railroad employees and their families to claim significant damages for injuries they that they sustain on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. Additionally, if an injury results in permanent impairment or death, a claim may be brought for punitive damages. This is intended to punish railroads for their negligence and discourage other railroads from engaging in similar behavior.
Congress passed FELA in response to the public's outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers when they were injured at work. Railroad workers injured in the line of duty and their families were often left without adequate financial assistance during the period they were unable to work due to accident or negligence of the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with an approach based on the concept of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law also permits 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. The railroad does not need to prove that it was negligent or the fact that it caused an accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you have been injured while working as a railroad worker you should contact an experienced railroad injury attorney immediately. A good lawyer can help you file a claim and receive the maximum amount of compensation for the time you are not able to work because of the injury.