What is the deal with this: KCS????

[samfp1943]

So, there is no real need for a clear cause.

The Railroad Company KCS is just asked to deal with the effects of the damage.

Is damage considered a one time event that will not be repeated?

Has there been a pattern of such injuries occuring in other employees?

Andrew

No, there must still be proof that there was a bite and that the bite caused the injury both as a matter of fact and legally (called proximate cause) and damages must be proved. It is still a higher standard of proof than the strict liability that is workers compensation under which the employer always pays for on the job injuries.

LC

I had the idea that FELA had a higher standard of proof than workers comp. Isn’t there some ongoing issues with that?

Even though it is just a clerical office, I have to carry workers comp insurance. Even though my premiums are modest, file cabinets, shelves and other items in an office present hazards. Pull out a fully loaded top drawer in a four drawer cabinet with nothing in the bottom drawers and you can get a quite heavy object falling on you foot.

Technically, yes the standard of negligence is a bit higher in FELA than Worker’s Comp which has zero negligence required (strict liability). Generally the downside risk in FELA is higher though and that is what drives most legal strategy in FELA cases. Damage awards in FELA cases are much higher because they are handled in court as tort claims rather than before a Worker’s Comp Board which has special medical cost and damage limitations built in (which was the trade off for the strict liability part).

LC

Guys:

When I originally posted thhis incident, I was very surprised that there seemed to be no acceptance of