Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are typically protected by laws which hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).
In order to recover damages under FELA the worker must prove that their injury was caused 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 differences are related to the claims process as well as fault evaluation, and the types of damages that are awarded in the event of death or injury. Workers' compensation law offers quick assistance to injured workers regardless of who is at fault for the accident. FELA however, on the other hand requires claimants to prove that their railroad employer was at least partly responsible for their injuries.
In fela railroad accident lawyer , FELA allows workers to sue in federal court instead of the state's workers compensation system. It also allows the option of a jury trial. It also sets specific rules for the determination of damages. For example an employee can receive an amount of compensation that is up to 80% of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.
In order to win a FELA claim, a worker must prove that the railroad's negligence was at least a factor in the resulting injury or death. This is a far higher standard than what is required to be successful in a claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to sue for damages.
Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and train tracks, as well as in their machine shops, yards, and other work areas. FELA is important to ensure the safety of railway workers, and to address employers' inability to protect their employees.
If you are a railway worker who was injured in the course of work it is imperative to seek legal advice as quickly as possible. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click on this link to find a DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that permits seafarers to sue their employers for any injuries or deaths they suffer during work. It was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters because they aren't covered by workers' compensation laws like those that cover employees on land. It was modeled on the Federal Employers' Liability Act (FELA) which was a law that covers railroad employees. It was also designed to accommodate the needs of maritime workers.
Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages, such as past and present suffering and pain, future loss of earning capacity, mental distress, etc.
A claim against a seaman under the Jones Act can be brought in either a state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a revolutionary approach to the workers' compensation laws. Most of these laws are statutory in nature and do not grant injured workers the right to a trial by jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subjected to a higher proof standard than in FELA claims. The Court ruled the lower courts were correct in determining that a seaman must prove that his involvement in the accident directly caused 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 not correct in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the 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
Contrary to laws regarding workers' compensation and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they can be compensated and maintain their families. The FELA law, which was passed in 1908, was an acknowledgement of the inherent hazards of the job. It also set up uniform standards for liability.
FELA requires railroads to provide a safe working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer did not fulfill their obligation of care by not providing them with a safe working environment, and that their injury resulted directly from this negligence.
This requirement can be a challenge for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders and the regulations that govern these requirements can help 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 could help strengthen workers' FELA claim. These laws are known as "railway statutes" and require that railroad corporations, and in certain cases, their agents (like managers, supervisors, or company executives) must follow these rules to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA.
If an automatic coupler grab iron or other railroad device is not installed correctly or is defective This is a common instance of a lawful railroad violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured because of it they could be entitled to compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in some way (even the injury is not severe) the claim could be reduced.
FELA in opposition to. 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 during work. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. If an injury causes 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 behavior.
Congress passed FELA in response to the public's anger in 1908 about the alarming number of deaths and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained in the course of their work. Railroad workers injured in the line of duty and their families were often left without adequate financial assistance during the period they were unable to work because of their injury or negligence by the railroad.
Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The act eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with the concept of comparative fault. The law determines a railroad worker’s portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law also permits 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 completely liable for any injuries that result. The railroad is not required to prove negligence or contribute to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.
If you have been injured while working as a railroad worker you should consult a skilled railroad injury attorney immediately. The right lawyer can assist you in submitting your claim and receiving the maximum benefits available during the time that you are not working due to your injury.