10 Things We Do Not Like About Federal Employers

Workers Compensation Vs Federal Employers Liability Act

If 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 be able to claim damages under the FELA the victim must demonstrate that their injury was at least in part caused through the negligence of the employer.

Workers' Compensation vs. FELA

There are some differences between workers' compensation and FELA, even though both laws provide protection to employees. These differences are based on the process of claiming as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation law provides rapid assistance to injured workers regardless of who was at fault for the accident. FELA however, requires that claimants demonstrate that their railroad company was at least partly accountable for their injuries.

Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also allows a jury trial. It also establishes specific rules for the calculation of damages. For instance workers can be awarded compensation up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.

To win a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the resulting injury or death. This is a much more stringent requirement than that needed for a successful claim under workers' compensation. This requirement is a product of the FELA's history. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for substantial damages if they were injured in the course of their work.

As a result of over 100 years of FELA litigation, railway companies now regularly implement safer equipment, but the railway tracks, trains, yards and machine shops are some of the most dangerous work environments. FELA is important to ensure the safety of railway workers, and to correct employers' failures in protecting their employees.

If you are a railway worker who has suffered an injury in the course of work, it is crucial that you seek legal advice as soon as possible. The best method to start is by contacting an approved BLET-approved Legal Counsel (DLC). Click here to find an approved DLC firm in your area.

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 as a means to safeguard sailors who are at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which protects 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 negligence recovery to the maximum amount of lost wages for an injured worker and provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like past and present suffering and pain, as well as future loss of earning capacity and mental distress, among others.

A seaman's claim under the Jones Act may be brought in either a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a completely different approach than most workers' compensation laws, which are usually legal and do not give injured employees the right to a jury trial.

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 injury was subject to a stricter evidence standard than fela lawsuits claims. The Court ruled that the lower courts were right in their decision that a seaman's contribution to his own accident has to be proved as having directly caused his or her injury.

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

Safety Appliance Act vs. FELA

Contrary to laws regarding workers' compensation in contrast, the federal employers’ liability Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers working in high-risk industries. This enables them to be compensated for their injuries as well as support their families following an accident. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the job and to set up uniform liability standards for companies that operate railroads.

FELA requires railroads to provide a secure working environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To be successful an injured worker must show that their employer did not fulfill their obligation of care by failing to provide them with a safe working environment and that the injury resulted directly from the failure.

Some employees may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. This is why an attorney who has expertise in FELA cases can be of assistance. 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.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are referred to as "railway statutes" and require that rail corporations, and in certain instances their agents (like managers, supervisors or executives of companies) must follow these rules in order to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation is enough to support a claim for injuries under the FELA.

An instance of a railroad statute violation is when an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured because of this, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in some way (even even if it was a minor cause) the claim could be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they suffer injuries on the job. This includes compensation for loss of earnings as well as benefits such as medical costs, disability payments, and funeral expenses. In addition, if an injury results in permanent impairment or death, a claim may be filed for punitive damages. This is to punish the railroad and discourage other railroads from engaging in similar conduct.

Congress passed FELA as a 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 basis for railroad employees to sue their employers when they suffered injuries on the job. Railroad workers who were injured and their families were frequently left without financial assistance during the time that they could not work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers who are injured can seek damages in state or federal courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative blame. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions to those of coworkers. The law also permits the possibility of a jury trial.

If a railroad company violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. This does not require the railroad to prove that it was negligent, or even that it was a contributory to the cause of an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.

If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced railroad injury lawyer. The right lawyer will be able to assist you in submitting your claim and getting the highest amount of benefits during the time that you aren't working due to your injury.