Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher safety standards. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).
In order to be entitled to damages under FELA workers must prove that their injury was caused at least partially due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that provide protection to employees, there are significant differences between them. These distinctions are related to claims processes as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation law provides quick assistance to injured workers regardless of who is responsible for the accident. FELA on the other hand demands that claimants prove that their railroad employer was at least partly responsible for their injuries.
Additionally, FELA allows workers to sue in federal court rather than the state's workers' compensation system and provides a jury trial. It also establishes specific rules for determining damage. For instance, a worker can receive compensation of up to 80 percent of their weekly salary, in addition to medical expenses and an affordable cost of living allowance. Additionally the FELA suit may include additional compensation for pain and suffering.
In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a far higher standard than that required for a successful claim under workers compensation. This is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages.
Despite the fact that railroad companies have been suing for more than a century, they still employ dangerous equipment and train tracks, as well as in their machine shops, yards, and other workplaces. This is what makes FELA crucial for ensuring safety of all railway workers as well as taking action against employers' inability to safeguard their employees.
If you are a railway worker who was injured on the job it is essential to seek legal advice as soon as possible. The best method to start is by contacting a BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employer for injuries or deaths during work. The Jones Act was enacted in 1920 to provide a means 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 land-based employees. It was modeled after the Federal Employers' Liability Act (FELA), which covers railroad employees. It was also crafted to meet the needs of maritime workers.
In contrast to workers' compensation laws which limit the recovery for negligence to a maximum amount 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 caused their injury or death. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering in the past and future, loss of earnings capacity, and mental distress.
A claim for compensation by a seaman under the Jones Act may be brought in either a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct method than the majority of workers' compensation laws which are typically statute-based 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 more rigorous standard of proof than the standard for proof in FELA cases. The Court decided that the lower courts were right in determining that the seaman must prove his involvement in the accident directly led to his 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 directly contributing to the victim's 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
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 industries. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 to recognize the inherent dangers associated with the work and to establish standard liability requirements for companies who operate railroads.
FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. To allow an injured worker to prevail in a lawsuit, they must prove that their employer violated their duty of care by failing to provide a safe work environment and that the injury occurred as a direct result of this negligence.
This requirement may be difficult to meet for some workers, especially when a defective piece of equipment is involved in an accident. This is why a lawyer who has expertise in FELA cases can be of assistance. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that govern these requirements, can help bolster a worker's legal case by providing a solid legal foundation.
Some railroad laws that may strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in some cases their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injuries under the FELA.
An illustration of railroad statute violations is when an automatic coupler or grab iron isn't properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt because of it they could be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in any way (even the injury is not severe) the amount they claim will be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they are injured while on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar actions.
Congress approved FELA as a response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers injured and their families were often left without financial support during the period they were unable to work due to their injury or the negligence of the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing a system based on the concept of comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law also permits a jury trial.
If fela accident attorney violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result. This does not mean that the railroad to prove it was negligent or that it was a contributing to the accident. You can also make a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury lawyer immediately. A good lawyer will be able to assist you in submitting your claim and getting the maximum benefits available during the time that you aren't working because of the injury.