Five-People-You-Should-Know-In-The-Federal-Employers-Industry-s

fela lawyer

In high-risk industries, workers who are injured are typically protected by laws that 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 FELA the worker must prove their injury was caused partly due to negligence on the part of the employer.

FELA Vs. Workers' Compensation

While both workers' compensation and FELA are laws that provide protections to employees, there are significant differences between the two. These differences relate to the claims process as well as fault evaluation, and the types of damages that are awarded for injury or death. Workers' compensation law offers immediate assistance to injured workers regardless of who is responsible for the accident. FELA, in contrast demands that claimants prove that their railroad company was at a minimum partially responsible for their injuries.

Additionally, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides a jury trial. It also provides specific rules for determining damage. A worker may receive up to 80% their average weekly wage plus medical expenses, as well as an appropriate cost-of-living allowance. A FELA lawsuit may also provide 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 part in the injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for substantial damages if they were injured during their work.

As a result of over 100 years of FELA litigation, railway companies now regularly implement safer equipment, however the railway tracks, trains, yards and machine shops are one of the most hazardous places to work. FELA is crucial to ensure the safety of railway workers and to address employers' failures in protecting their employees.

It is crucial to seek legal counsel as soon as you can if are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find the 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 means to safeguard sailors who are at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was specifically designed to meet the specific 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 injured workers and provides unlimited liability in maritime cases that involve negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering, past and future loss of earnings capacity, and mental distress.





A suit for seamanship under the Jones Act can be brought in either an state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally different method than the majority of workers' compensation laws which are generally statutory and do not afford the injured employee the right to a trial by jury.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to determine whether the contribution of a seaman to his or their own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court decided that the lower courts were correct in determining that the seaman must prove his contribution to his accident directly caused his injury.

Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

FELA Vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a significant distinction for injured workers in high-risk sectors. After an accident, they can be compensated and maintain their families. The FELA law, which was passed in 1908, was a recognition of the inherent hazards of the job. It also established uniform standards for liability.

FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. To allow an injured worker to be successful in a lawsuit they must prove that their employer acted in breach of their duty of care by failing to provide a safe work environment and that the injury occurred as directly caused by this failure.

Some workers may find it difficult to comply with this requirement, particularly if a defective piece equipment is responsible for causing an accident. This is why having a lawyer who has expertise in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker by providing a solid legal foundation.

Certain railroad laws that could help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail corporations and, in some instances, their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of any one of these rules is sufficient to support an injury claim under FELA.

An example of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured as a result of this, they could be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even when the injury is not severe).

FELA vs. Boiler Inspection Act

FELA is a set of federal laws that permit railroad workers and their families to claim significant damages for injuries they sustained while working. This includes compensation for loss of earnings and benefits, including medical expenses, disability payments, and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct.

Congress passed FELA in 1908 due to public outrage over the appalling number of fatalities and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the time that they were unable to work because of their injuries 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 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 blame for an accident is determined by comparing their actions with those of his coworkers. The law allows for the jury to decide on the case.

If a railroad company violates one of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove negligence or the fact that it caused an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes.

If you are a railroad worker who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. A reputable attorney will be able to assist you in filing your claim and receiving the maximum benefits available in the time you aren't working because of your injury.