Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).
To claim damages under the FELA, a victim must be able to prove that their injuries were at least in part caused through the negligence of the employer.
FELA against. Workers' Compensation
There are differences between workers' compensation and FELA although both laws provide protection for employees. These differences are related to the claims process, fault assessment and the kinds of damages that are awarded in the event of death or injury. Workers' compensation law provides quick assistance to injured workers regardless of who is responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at least partially responsible for their injuries.
FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and also allows a trial with a jury. It also establishes specific guidelines for the calculation of damages. A worker may receive up to 80% of their weekly average wage, plus medical expenses, as well as a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for pain and discomfort.
To be successful in a FELA claim, a worker must prove that the railroad's negligence was at the very least a factor in the injury or death. This is a much higher standard than that required for a successful claim under workers' compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to claim damages.
As a result of more than a century of FELA litigation railway companies are now able to implement safer equipment, however the railway tracks, trains, yards and machine shops remain one of the most hazardous workplaces. FELA is crucial to ensure the safety of railway workers, and to address employers' failures in protecting their employees.
If you are a railway worker who has been injured in the course of work, it is crucial that you seek legal advice as soon as possible. Contacting a BLET designated legal counsel (DLC) firm is the best way to begin. Click on this link to locate the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that permits seafarers to sue their employer for injuries or fatalities while on the job. The Jones Act was enacted in 1920 as 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 workers on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the specific needs of maritime employees.
The Jones Act, unlike workers' compensation laws that restrict the amount of compensation for negligence to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. Additionally, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified, such as the past and present suffering and pain, future loss of earning capacity and mental distress, among others.
A suit for seamanship under the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a distinct approach than most workers' compensation laws which are generally statute-based and do not grant injured employees the right to a jury trial.
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 her own injury was subject to a higher standard of proof than the standard for proof in FELA cases. The Court ruled the lower courts were correct when they ruled that the seaman must prove his contribution to his accident directly led to his injury.
Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact 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 major distinction for injured workers in high-risk sectors. This enables them to receive compensation for their injuries and to support their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses who operate railroads.
FELA requires railroads to provide a secure working environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and trains to switches, tracks, and other safety equipment. In order for an injured worker to succeed in a lawsuit they must prove that their employer breached their duty of care by not providing a safe work environment, and that the injury occurred as a direct result of the failure.
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 having a lawyer with expertise in FELA cases can help. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by establishing a solid legal basis.
Some railroad laws that can aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail companies and, in certain instances, their agents (such as managers, supervisors, or company executives) adhere to these regulations to ensure the safety of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of one of these rules is sufficient to justify a claim for injury under FELA.
If an automatic coupler grab iron, or any other railroad device is not installed correctly or is damaged This is a common example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in any way (even if minimal) the amount they claim will be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws that allow railroad employees and their families to recover substantial damages from injuries that they sustain on the job. This includes compensation for the loss of earnings and benefits, such as medical costs or disability payments, as well as funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar conduct.
Congress passed FELA as a response to the public's anger in 1908 at the shocking number of deaths and accidents on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers when they were injured while on the job. Railroad workers injured and their families were often left without financial support during the period that they could not work because of their injuries or the negligence of the railroad.
Under the FELA railroad workers who are injured may seek damages in federal or state courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. fela lawsuits 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 permits a jury trial.
If a railroad company violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. You may also file an action 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 can help you file a claim and obtain the maximum amount of compensation during the time you are in a position of no work because of the injury.