Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).
In order to be entitled to damages under FELA the worker must prove that their injury was caused at least partly due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that offer protections to employees, there are some significant differences between the two. These distinctions are related to the claims process, fault evaluation and the types of damages awarded for death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who was at fault for the accident. FELA however, however demands that claimants prove that their railroad employer was at least partially responsible for their injuries.
FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for determining damage. A worker can receive up to 80% of their average weekly salary, together with medical expenses and an appropriate cost-of-living allowance. Additionally, a FELA suit could also include compensation for pain and suffering.
To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a small part in the death or injury. This is a far higher standard than that required for a successful claim under workers' compensation. 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 work.
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 machines shops, yards and other workplaces. FELA is essential to ensure the safety of railway workers, and to address employers' negligence in protecting their employees.
If you are a railway worker who was injured on the job it is imperative that you seek legal advice as soon as you can. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Follow this link to find an approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths while on the job. The Jones Act was passed in 1920 as a means to safeguard sailors who are at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet the specific requirements of maritime workers.
Contrary to the laws governing workers' compensation, which limit 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. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like the pain and suffering, future loss of earning capacity as well as mental distress, for example.
A claim for seamanship under the Jones Act can be brought in either the state court or in a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to workers' compensation laws. The majority of these laws are statutory in nature and do not give injured workers 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 his own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled the lower courts were right when they ruled that the seaman had to prove that his contribution to his accident directly led to his 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 not correct as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk claimed 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 led to injuries. This is an important distinction for injured workers in high-risk sectors. This enables workers to receive compensation for their injuries and to maintain their families after an accident. The FELA that was enacted in 1908 was a recognition of the inherent dangers of the job. It also set up uniform liability standards.
FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer breached their obligation to them by not providing them with a reasonably safe working environment, and that their injury resulted directly from this negligence.
Some workers may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective is involved in causing an accident. This is why an attorney who has experience in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements, can strengthen the legal case of a worker by providing a solid legal base.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen the worker's FELA claim. These laws are referred to as "railway statutes" and mandate that rail corporations, and in certain instances their agents (like managers, supervisors or executives of companies) must adhere to these rules to protect their employees. Violating these statutes can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to justify an injury claim under FELA.
If an automatic coupler, grab iron or another railroad device isn't installed correctly or is damaged, this is a common example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and if an employee is hurt because of it, they may be entitled to compensation. However, the law stipulates that if the plaintiff was a contributor to the injury in some way (even if minimal) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad workers and their family members to claim significant damages if they get injured while working. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is to penalize the railroad and deter other railroads from engaging in similar conduct.
Congress passed FELA in 1908 in response to public outrage at the alarming rate of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad employees to sue their employers if they suffered injuries at work. Injured railroad workers and their families were often left without adequate financial support during the time they were unable work because of their injury or negligence by the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing an approach based on the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his or her actions to those of coworkers. fela claims permits a trial by jury.
If a railroad operator violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result. The railroad does not need to prove negligence or the fact that it caused an accident. You can also make an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you are a railroad worker who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer can assist you in filing your claim and obtaining the most benefits possible in the time you aren't able to work because of your injury.