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 generally protected by laws that require employers to higher safety standards. Railroad workers, for example, have the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA while both laws provide protection for employees. These differences are related to the claims process, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation laws offer immediate relief 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.

Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also provides jurors for trials. It also has specific guidelines for the determination of damages. For instance, a worker can receive an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

To be successful in a FELA claim the worker must show that the railroad's negligence was a factor 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 requirement is a product of the FELA's history. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for substantial damages if they suffered injuries in the course of their work.

As a result of more than 100 years of FELA litigation railway companies are now able to adopt and deploy safer equipment, but trains, tracks, railroad yards and machine shops remain one of the most hazardous work environments. FELA is essential 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 essential that you seek legal advice as soon as possible. The best way to begin is to contact a BLET-approved Legal Counsel (DLC). Click here to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer while on the job. The Jones Act was enacted in 1920 to provide a means to protect sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was modeled after the Federal Employers' Liability Act (FELA) which is which protects railroad workers. It was also crafted to accommodate the needs of maritime employees.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to a maximum of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past pain and suffering as well as future and past loss of earnings capacity, and mental distress.

A claim by a seaman under the Jones Act may be brought in either a state or federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws which are usually legal and do not give injured workers the right to a trial by jury.

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 subject to a stricter evidence standard than fela case settlements 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 in compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were not correct in that they told the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk industries. This enables workers to receive compensation for their injuries and to maintain their families after an accident. The FELA law, which was passed in 1908 was an acknowledgment of the inherent risks of the job. It also established uniform standards for liability.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to tracks, switches 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 safe working environment and that the injury was the direct result of this negligence.

This rule can be difficult to fulfill for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can help a worker's case by providing a solid legal foundation.

Certain railroad laws that could 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 instances, their agents (such as managers, supervisors, or company executives) adhere to these regulations to ensure the safety of their employees. Violating these statutes can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to justify an injury claim under FELA.

If an automatic coupler grab iron or other device for railroads is not installed correctly or is damaged, this is a common instance of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt because of it the employee may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in any way (even even if it was a minor cause) the amount they claim will be reduced.

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws which allow railroad injury fela lawyer employees and their families to recover significant damages for injuries they caused during work. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is to punish the railroad and deter other railroads from engaging in similar conduct.

Congress approved FELA in 1908 in response to public outrage over the shocking number of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without financial support during the time they were unable to work due to their injury or the negligence of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. This means that the railroad worker's share of the blame for an accident is determined by comparing his actions with those of his coworkers. The law also allows for a jury trial.

If a railroad carrier violates one of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is liable for all 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. You can also bring an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad employee who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A qualified lawyer can assist you file a claim and receive the maximum amount of compensation during the time you are unable to work due to your injury.