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. Federal Employers' Liability Act, for example, protects railroad workers.
To recover damages under the FELA the plaintiff must prove that their injury was at least in part caused through the negligence of the employer.
Workers' Compensation vs. FELA
While both workers' compensation and FELA are laws that offer protections to employees, there are significant differences between them. These differences are based on the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was responsible for the accident. FELA, on the other hand demands that claimants prove that their railroad employer was at least partially accountable for their injuries.
Additionally, FELA allows workers to sue in federal court instead of the state's worker' compensation system and provides the option of a jury trial. It also sets specific rules for determining damages. A worker may receive up to 80% of their average weekly wage plus medical expenses, and a reasonable cost-of-living benefit. A FELA lawsuit may also include compensation for discomfort and pain.
For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a part in the resulting injury or death. This is a much higher standard than that required for a successful claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to sue for damages.
As a result of more than a century of FELA litigation railway companies today regularly implement safer equipment, however the trains, tracks, railroad yards and machine shops remain among the most dangerous workplaces. fela claims railroad employees is important to ensure the safety of railway workers and to correct employers' inability to protect 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. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click 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 employers for injuries or deaths on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation like those for employees on land. It was modeled on the Federal Employers' Liability Act (FELA) which is a law that covers railroad workers. It was also designed to accommodate the needs of maritime employees.
In contrast to workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by the negligence of an employer's behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past pain and suffering, past and future loss of earnings capacity, and mental distress.
A suit for a seaman under the Jones Act can be brought either in a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to the workers' compensation laws. Most of these laws are statutory and do not give injured employees 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 their own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident must be shown to have directly caused his or her 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 in that they told the jury that Norfolk was only accountable for the negligence that directly caused the injury. Norfolk claimed that the standard of causation 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 caused injuries. This is a significant distinction for injured workers working in high-risk fields. After an accident, they will be compensated and provide for their families. The FELA that was enacted in 1908 was an acknowledgment of the inherent risks of the work. It also set up standardized liability requirements.
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 locomotives and cars to tracks, switches and other safety equipment. In order for an injured worker to prevail in a lawsuit they must prove that their employer violated their duty of care by not providing a safe work environment, and that the injury was a direct result of this failure.
This rule can be a challenge for some workers, particularly when a defective piece of equipment is involved in an accident. This is why a lawyer with expertise in FELA cases can be of assistance. A lawyer who understands the safety requirements for railroaders, as well as 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 aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and mandate that rail corporations, and in certain instances their agents (like managers, supervisors or company executives) must adhere to these rules to protect their employees. Violations of these statutes may be considered to be negligence in and of themselves, which means that a violation is enough to justify a claim for injury under the FELA.
An instance of an infraction to the railroad statute is when an automatic coupler or grab iron isn't properly installed or is defective. 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 also stipulates that if a plaintiff contributed to the injury in some way (even even if it was a minor cause) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad employees and their families to claim significant damages if they suffer injuries while on the job. This includes compensation for loss of earnings as well as benefits like medical expenses, disability payments, and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to penalize the railroad and discourage other railroads from engaging in similar behavior.
Congress adopted FELA as a response to public outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained while on the job. Injured railroad workers and their families were often left without financial support during the time that they were unable to work because of their injuries or the negligence of the railroad.
Under the FELA, railroad workers who suffer injuries are able to make a claim for damages in federal or state courts. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault. The law determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for the possibility of a jury trial.
If a railroad carrier 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 from it. The railroad does not need to prove that it was negligent or the fact that it caused an accident. You can also make a claim 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 or injured, you must immediately contact an experienced railroad injury lawyer. The right lawyer can help you file your claim and get the maximum amount of compensation for the time you are not able to work because of the injury.