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Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are typically protected by laws that require 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 the FELA the victim must demonstrate that their injury was at least in part caused due to the negligence of their employer.
FELA Vs. Workers' Compensation
There are some differences between workers' compensation and FELA, even though both laws provide protection to employees. These differences are based on the process of claiming, fault assessment and types of damages awarded in cases of injury or death. Workers' compensation law offers rapid assistance to injured workers regardless of who was at fault for the accident. FELA, however requires claimants to prove that their railroad company was at least partly accountable for their injuries.
Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also provides jurors for trials. It also sets specific guidelines for determining damages. A worker can receive up to 80% of their weekly average wage, plus medical expenses, as well as an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.
To be successful in a FELA claim, a worker must prove that the railroad's negligence was at least a factor in the injury or death. This is a higher requirement than the one required to win a workers compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages.
In the wake of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the trains, tracks, railroad yards and machine shops are still some of the most dangerous work environments. This is what makes FELA crucial for ensuring safety of all railway workers and taking action against employers' inability to safeguard their employees.
It is essential to seek legal advice as quickly as you can if are a railway worker who is injured at work. The best method to start is to contact the designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 to provide a means to protect sailors who are at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was tailored to address the specific needs of maritime employees.
Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including the past and present suffering and pain, future loss of earning capacity and mental distress, among others.
A suit for seamanship under the Jones Act can be brought in either the state court or in a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to the workers' compensation laws. Most of these laws are statutory in nature and do not grant injured employees the right to a trial by jury.
In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or his own injury was subject to a higher standard of evidence than the standard of evidence in FELA cases. The Court held that the lower courts were correct when they determined that a seaman's role in his own accident must be shown as having directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect as they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.
Safety Appliance Act vs. FELA
Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers in high-risk sectors. This allows workers to receive compensation for their injuries and also to support their families following an accident. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the job and to set up uniform liability standards for businesses that operate railroads.
FELA requires railroads to provide a safe work environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by failing to provide them with a safe working environment, and that their injury resulted directly from this negligence.
Some employees may find it difficult to comply with this requirement, especially if a defective piece equipment can be the cause of an accident. A lawyer with experience in FELA claims can be a great help. A lawyer who knows the safety requirements for railroaders, and the regulations that regulate these requirements, can help strengthen the legal case of a worker by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws, also known as "railway statues," require that rail corporations, and in some cases their agents (such as managers, supervisors, or company executives), comply with these rules to ensure the safety of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of one of these rules is enough to justify an injury claim under FELA.
If an automatic coupler grab iron, or any other device for railroads is not installed properly or is defective, this is a common instance of a railroad law violation. If an employee is injured as a result of this, they may be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to their injury in any way (even the injury is not severe) the amount they claim will be reduced.
Boiler Inspection Act vs. FELA
FELA is a series of federal laws which allow railroad workers and their families to claim substantial damages for injuries sustained on the job. This includes compensation for the loss of earnings and benefits, like medical expenses, disability payments, and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is to punish the railroad and dissuade other railroads from engaging similar behavior.
Congress approved FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained in the course of their work. Injured railroad workers and their families were frequently left without financial assistance during the time that they were unable to work due to their injury or the negligence of the railroad.
Injured fela settlements 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 the concept of comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions with those of their coworkers. The law permits the jury to decide on the case.
If a railroad company violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad is not required to prove that it was negligent or that it contributed to an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you've been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer right away. A reputable attorney will be able to assist you in submitting your claim and obtaining the highest amount of benefits during the time that you aren't working because of your injury.