Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are typically protected by laws that require 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 the worker must prove that their injury was caused in part by negligence on the part of the employer.
Workers' Compensation vs. FELA
There are differences between workers compensation and FELA although both laws provide protection to employees. These differences are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was responsible for the accident. FELA however, in contrast demands that claimants prove that their railroad employer was at a minimum partially accountable for their injuries.
Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also provides jurors for trials. It also establishes specific rules for determining damage. For instance, a worker can receive compensation up to 80 percent of their weekly earnings, as well as medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.
In order for a worker to be successful in a FELA case they must prove that the railroad's negligence was at least a part in the injury or death. This is a higher standard than what is required for a successful workers' compensation claim. This requirement is a product of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.
Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. This makes FELA essential for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees.
It is crucial to seek legal advice as quickly as you can if you are a railway worker who is injured at work. The best way to begin is to reach out to a BLET-approved Legal Counsel (DLC). Click here to locate a DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. It was passed in 1920 to protect seamen who risk their lives and limb 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 closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the specific needs of maritime employees.
The Jones Act, unlike workers compensation laws, which restrict the amount of compensation for negligence to the maximum amount of lost wages for an injured worker, provides unlimited liability in maritime cases involving negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering as well as future and past loss of earnings capacity, and mental distress.
A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a completely different method than the majority of workers' compensation laws, which are usually statutory and do not afford the injured employee the right to a jury trial.
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 for proof in FELA cases. The Court ruled that the lower courts were right in their decision that the seaman's involvement in his own accident has to be proven as having directly caused his or her injury.
Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect in that they told the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.
Safety Appliance Act vs. FELA
In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers in high-risk industries. This allows workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA that was enacted in 1908 was an acknowledgment of the inherent risks of the job. It also established standardized liability requirements.
FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by not providing them with a reasonably safe working environment and that the injury was the direct result of this negligence.
Some workers may find it difficult to meet this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney who has experience in FELA cases can help. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by establishing a solid legal basis.
Some railroad laws that can strengthen the worker's 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 cases their agents (like managers, supervisors, or company executives) must comply with these rules in order to protect their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to support a claim for injuries under the FELA.
A typical example of railroad statute violations is when an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result, they may be entitled to compensation. However, the law also stipulates that if the plaintiff contributed to their injury in some way (even if minimal) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a series of federal laws that allow railroad workers and their families to claim substantial damages for injuries sustained during work. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral costs. In addition when an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is in order to punish the railroad and deter other railroads from engaging similar actions.
Congress passed FELA as a response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA, there was no legal way for railroad employees to sue their employers if they were injured at work. Railroad workers injured in the line of duty, and their families, were often left without adequate financial aid during the time they were unable to work due to injuries or negligence on the part of the railroad.
Injured railroad workers 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. fela claims determines a railroader's part of the blame for an accident by comparing their actions to the actions of their coworkers. The law also allows for a jury trial.
If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad is not required to prove that it was negligent or the fact that it caused an accident. You may also file an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you've been injured while working as a railroad worker you should consult a skilled railroad injury lawyer immediately. A reputable attorney will be able to assist you in filing your claim and getting the maximum benefits available in the time you aren't working because of your injury.