FELA
The Federal Employers Liability Act was passed by Congress in 1908, for the purpose of providing compensation to railroad employees who are injured on the job. It enables injured employees to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury.
Negligence is defined as the railroad's failure to exercise reasonable care in its obligation to the employee. It could be as a result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. The courts have held that the employer's negligence does not have to be the sole cause of the accident. So long as the carrier was at fault in the slightest degree it is enough to establish the right to bring a claim.
If the employee was also at fault in causing the accident the jury can reduce his award by the percentage that he was at fault. For example, if the damages totaled $100,000.00 but it was determined that the employee was 25% at fault, the net award would be $75,000.00. Under the FELA the injured employee may file a lawsuit in the state or federal courts and have a jury decide the damages, if any, to which he is entitled. Unless the claim is settled the lawsuit must be filed within three years of the date of the accident.
As distinguished from state workman's compensation laws, there is no schedule of benefits, whether weekly or otherwise to which an employee is entitled. Instead there are elements that determine damages. They include lost wages, pain and suffering, permanency of injury and effect on life style, future pain and suffering, future lost wages, and out-of-pocket expenses including medical costs.
Usually the damages under the FELA can be significantly greater than that which would normally be collected if under workmen's compensation. Because the FELA involves bringing a claim directly against the employer, the railroads make every effort to keep the amount they pay out as low as possible.
In order to counter this, and because it is a specialized area of the law, the BLET has appointed "designated counsel" around the country to whom members can go for guidance, advice, and representation. They are all experienced in handling FELA claims.
Designated Legal Counsel Code of Compliance, Protocol for Designation and Rules of Conduct
On December 17, 2009, the Advisory Board of the Brotherhood of Locomotive Engineers and Trainmen adopted a revised Code of Compliance, Protocol for Designation and Rules of Conduct regarding the attorneys it recommends to its members who are injured on the job (commonly referred to as “Designated Legal Counsel”).
The new regulations govern the interaction of its officers, members and employees with Designated Legal Counsel, and alters the way firms obtain designated status. The regulations also establish a standing committee of Advisory Board members to monitor the DLC program.
The new regulations explicitly prohibit any BLET officer or employee at any level of the organization from soliciting or accepting any gift (except gifts of minimal value), payment, money, loan, promise, or agreement, or anything of tangible or intangible value, from any employer, Designated Legal Counsel, or attorney seeking designated status, who is attempting to promote the officer’s or employee’s candidacy for office, attempting to influence any election on any issue within the organization requiring a vote, and/or has interests that may be substantially affected by the performance of an officer’s or employee’s official duties.
The new regulations also prohibit Designated Legal Counsel from offering the same.
DLC firms must also submit an annual report confirming that they are continuing to abide by the Rules of Conduct. In addition, the regulations shift oversight of the Designated Legal Counsel program away from the National President and to the Advisory Board.
Copies of these documents are available on the BLET website. To download them, click here:
http://www.ble-t.org/pr/pdf/Codeofcompliance.pdf
