Watch Out: How Federal Employers Is Gaining Ground And What You Can Do About It
Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.
To be able to claim damages under FELA, a worker must prove that their injury was caused at least partially due to negligence on the part of the employer.
FELA against. Workers' Compensation
There are some differences between workers compensation and FELA, even though both laws provide protection to employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation law offers immediate relief to injured workers regardless of who was at fault for the accident. FELA however, however requires claimants to prove that their railroad employer was at least partially accountable for their injuries.
FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also has specific guidelines for the determination of damages. A worker could receive up to 80% of their weekly average wage, together with medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit could also include compensation for pain and discomfort.
In order to win a FELA claim, a worker must prove that the railroad's negligence was an element in the cause of injury or death. This is a higher level than what is required for a successful workers' compensation claim. This requirement is a product of the history of FELA. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for significant damages if they were injured in the course of their job.
Despite the fact that railroad companies have been suing for more than a century, they still use dangerous equipment and train tracks, as well as in their yards, machine shops, and other work areas. FELA is essential to ensure the safety of railway workers, and to address employers' negligence in protecting their employees.
It is important that you seek legal counsel as soon as you can if you are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click here to find the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer while on the job. The Jones Act was passed in 1920 as a way to protect sailors who put their lives at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the unique needs of maritime employees.
In contrast to workers' compensation laws, which limit recovery for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering and pain as well as future and past loss of earnings capacity, and mental distress.
A claim for seamanship under the Jones Act can be brought either in the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a completely different approach than most workers' compensation laws, which are generally legal and do not give injured workers 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 more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were right when they determined that a seaman's contribution to his own accident has to be proved to have directly contributed to the injury.
Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.
FELA Vs. Safety Appliance Act
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a crucial distinction for injured workers working in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA, which was passed in 1908 was a recognition of the inherent risks of the job. It also set up standardized liability requirements.
FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and trains to tracks, switches and other safety gear. In order for an injured worker to succeed in a lawsuit they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe work environment and that the injury was directly caused by that negligence.
Some employees may find it difficult to meet this requirement, especially when a piece of equipment that is defective is involved in causing an accident. A lawyer with experience in FELA claims can be a great help. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case by providing a solid legal basis.
Certain railroad laws that could aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail corporations and, in some cases their agents (such as supervisors, managers or company executives) adhere to these rules to ensure the safety of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is sufficient to justify an injury claim under FELA.
A typical instance of railroad statute violations is when 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. The law stipulates that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even if it is minimal).
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws that allow railroad employees and their families to collect substantial damages from injuries caused while working. This includes compensation for the loss of earnings and benefits including medical expenses as well as disability benefits and funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim could be made for punitive damages. This is a way to penalize the railroad for negligent acts and discourage other railroads from engaging in similar conduct.
Congress adopted FELA in 1908 due to public outrage over the shocking rate of accidents and fatalities on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers who were injured and their families were frequently left without financial support during the period that they were unable to work because of their injuries or the negligence of the railroad.
Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. fela law firm abolished defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. This means that the railroad worker's share of the blame for an accident is determined by comparing their actions to those of his coworkers. The law permits an investigation by jury.
If a railroad operator violates one of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not need to prove negligence or contribute to an accident. You can also make an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you've been injured while working as a railroad worker you should contact an experienced railroad injury lawyer right away. The right lawyer will be able to assist you in submitting your claim and obtaining the maximum benefits available in the time you aren't working due to the injury.