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Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are generally protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.
To claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused due to the negligence of their employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that offer protection to employees, there are some significant differences between the two. These distinctions are related to the process of filing claims, fault assessment and types of damages awarded in cases of death or injury. Workers' compensation law offers quick relief to injured workers regardless of who was responsible for the accident. FELA, however requires claimants to prove that their railroad employer was at least partly responsible for their injuries.
In addition, FELA allows workers to sue in federal court instead of the state's worker compensation system. It also allows the option of a jury trial. It also has specific guidelines for the determination of damages. For example, a worker can receive compensation of up to 80% of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Additionally an FELA suit could include compensation for pain and suffering.
To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at least a factor in the resulting injury or death. This is a higher requirement than that required to win a workers compensation claim. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for substantial damages when they were injured in the course of their work.
Despite fela attorneys that railroad companies have been suing for more than 100 years, they continue to use dangerous equipment and train tracks, as well as in their machines shops, yards and other work areas. FELA is essential to ensure the safety of railway workers, and to tackle employers' inability to protect their employees.
If you are a railway worker who has been injured on the job it is essential that you seek legal advice as soon as you can. The best method to start is to contact an approved designated Legal Counselor from BLET (DLC). Follow this link to find a BLET-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 passed in 1920 as a means to safeguard sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike workers on land. It was modeled after the Federal Employers' Liability Act (FELA) which is a law that covers railroad employees. It was also crafted to satisfy the needs of maritime employees.
Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages like past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.
A seaman's claim under the Jones Act may be brought in either a federal or state court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not give injured employees the right to 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 held that lower courts were correct when they ruled that the seaman had to prove that his contribution to his accident directly caused his injury.
Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.
Safety Appliance Act vs. FELA
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA, which was passed in 1908, was a recognition of the inherent hazards of the work. It also set up uniform standards for liability.
FELA requires railroads to provide a safe work environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by not providing them with a reasonably safe working environment, and that their injury was the direct result of this negligence.
Some employees may find it difficult to comply with this requirement, especially if a defective piece equipment is responsible for causing an accident. This is why an attorney with expertise in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker by providing a strong legal basis.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws, also referred to 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 of their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation is sufficient to support a claim for injuries under the FELA.
An instance of an infraction to the railroad statute is when 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 may be entitled to compensation. The law provides that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even if it is minimal).
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad workers and their family members to recover substantial damages if they suffer injuries on the job. This includes compensation for the loss of earnings and benefits, such as medical costs as well as disability benefits and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to penalize the railroad and dissuade other railroads from engaging in similar actions.
Congress passed FELA in 1908 as a result of public outrage over the appalling rate of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue employers when they were hurt while on the job. Railroad workers injured and their families were often left without financial support during the time that they could not work because of their injuries or the negligence of the railroad.
Under the FELA railroad workers who suffer injuries can make a claim for damages in state or federal courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing his or her actions with those of his coworkers. The law also permits a jury trial.
If a railroad operator violates any 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 that it contributed to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes.
If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. The right lawyer will be able to assist you in submitting your claim and getting the highest amount of benefits for the time you aren't able to work because of your injury.