While employees can traditionally rely on workers’ compensation to recover the funds they deserve in the event they are injured on the clock, railroad workers must file a claim under the Federal Employers’ Liability Act. One difference is that, unlike worker’s compensation, FELA requires injured employees to prove negligence on behalf of their employer. If you work for a railroad, it’s important to familiarize yourself with the concept of negligence per se, as it can play a critical role if you are injured. If you’re not sure what negligence per se is or the impact it can have on your FELA claim, you’ll want to keep reading. The following blog explores this legal concept in further detail and explains why connecting with a FELA lawyer is critical in these matters.
What Is Negligence Per Se?
Negligence per se is a legal statute that describes the circumstances in which someone breaks a law in place to keep others safe. Traditionally, cases involving negligence require the defendant to prove four elements: duty of care, breach of duty, causation, and damages. However, a violation of the law eliminates the need for the injured party to prove the first two elements, duty of care and breach of duty. This is because violating a law in place to keep others safe shows that the defendant was supposed to act with caution and failed to do so.
As such, cases involving negligence per se tend to be easier to prove in a court of law. For example, if someone is struck by a driver, they’ll need a litany of evidence to help prove the other driver was at fault. However, if they are struck by a drunk driver, the only thing they need is to show the arrest report.
It’s important to understand that negligence per se is often utilized in Federal Employers’ Liability Act (FELA) claims, as often the incident that led to the injury can be avoided by following the safety laws dictated by the Federal Railroad Administration.
What Are Common Violations of Railroad Safety Laws?
The Federal Railroad Administration is the entity that oversees and implements safety laws that railroad companies must adhere to. Unfortunately, there are several violations of regulations in place that can lead to workers sustaining serious injuries. For example, failing to provide a reasonably safe work environment with working tools and safety devices, providing adequate training, and enforcing regulations can all be considered negligence per se as they directly violate safety regulations in place by the FRA.
Though negligence per se can be easier to prove, FELA claims are notoriously complicated and difficult to navigate. As such, it is critical to connect with an experienced attorney who can help guide you through these challenging issues. At Doran & Murphy, our firm understands how devastating it can be when you are injured because someone else violates a law intended to keep you safe. That’s why our firm will do everything possible to assist you through these complicated times. Connect with us today for additional information.
