Five People You Must Know In The Federal Employers Industry
Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.
In order to be entitled to damages under FELA, a worker must prove that their injury was caused partially due to negligence on the part of the employer.
Workers' Compensation vs. FELA
There are differences between workers compensation and FELA, even though both laws offer protection to employees. These distinctions are related to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded in the event of death or injury. Workers' compensation law gives immediate assistance to injured workers regardless of who is responsible for the accident. FELA however, requires that claimants demonstrate that their railroad company was at a minimum partially responsible for their injuries.
FELA also permits workers to sue federal courts in lieu of the state workers' compensation system and also allows a trial with a jury. It also has specific rules for determining damages. For instance, a worker can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.
To be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a part in the injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to seek damages.
As a result of over a century of FELA litigation, railway companies now regularly implement safer equipment, however the trains, tracks, railroad yards and machine shops remain one of the most hazardous work environments. This is what makes FELA essential for ensuring the safety of all railway workers and addressing employers' failures to protect their employees.
If you are a railway employee who has suffered an injury while on the job it is essential that you seek legal advice as soon as possible. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to find a BLET-approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, as they are not covered by workers' compensation laws similar to those that protect land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the specific requirements of maritime workers.
The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to the amount of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.
A claim against a seaman in the Jones Act can be brought in the state court or in a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to workers' compensation laws. Most of these laws are statutes and do not give 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 determine whether the contribution of a seaman to his or her own injury was subject to a higher standard of proof than the standard for evidence in FELA cases. The Court ruled that the lower courts were right in determining that a seaman's contribution to his own accident has to be proven to have directly contributed to the injury.
Sorrell was awarded US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk asserted that the causation standard 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 resulted in injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they can be compensated and maintain their families. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for businesses that manage railroads.
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 trains and cars to switches, tracks, and other safety gear. To be successful an injured worker must prove that their employer breached their obligation to them by failing to provide them with a reasonably safe working environment and that the injury was the direct result of this negligence.
This rule can be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has experience in FELA cases can help. A lawyer who knows the safety requirements for railroaders and the regulations that regulate these requirements, can help strengthen a worker's legal case by providing a solid legal base.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are known as "railway statutes" and require that rail corporations, and in certain cases, their agents (like managers, supervisors, or company executives) must follow these rules in order to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim for injuries under the FELA.
A common instance of a railroad statute violation is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured because of this, they may be entitled compensation. However, the law states that if the plaintiff was a contributor to the injury in any way (even if minimal), their claim may be reduced.
Boiler Inspection Act vs. fela railroad accident lawyer is a set of federal laws that allow railroad workers and their families to recover substantial damages from injuries caused during work. This includes compensation for the loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim could be brought for punitive damages. This is to penalize the railroad and discourage other railroads from engaging similar behavior.
Congress passed FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers when they were injured on the job. Railroad workers injured in the line of duty, and their families, were often denied financial support during the time they were unable to work because of their accident or negligence of the railroad.
Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk by establishing a system based on comparative fault. This means that a 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 allows for an open trial before a jury.
If a railroad operator violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. This does not mean that the railroad to prove it was negligent or even that it was a to the accident. You can also make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A reputable attorney can assist you in filing your claim and getting the maximum benefits available during the time that you aren't working due to your injury.