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Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for example, have the Federal Employers' Liability Act (FELA).
To be able to claim damages under the FELA the plaintiff must demonstrate that their injury was at a minimum, caused through the negligence of the employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that provide protection to employees, there are some significant differences between them. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded for death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad company is at least partially responsible for their injuries.
FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system and allows for a trial by jury. It also has specific rules for the calculation of damages. A worker can receive up to 80% their weekly average wage, together with medical expenses, as well as a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for discomfort and pain.
For a worker to succeed in a FELA case they must prove that the railroad's negligence played at least a small part in the resulting injury or death. This is a far higher standard than that required to be successful in a claim under workers' compensation. This requirement is a product of FELA’s history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages when they were injured in the course of their employment.
As a result of over a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the railway tracks, trains, yards and machine shops remain some of the most dangerous workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees.
It is important that you seek legal advice as quickly as you can when you are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click here to locate a DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that allows seafarers to sue their employer for any injuries or deaths they suffer during work. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, since they are not covered by workers' compensation laws like those that cover employees 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 and provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering in the past and future, loss of earnings capacity, and mental distress.
A claim against a seaman under the Jones Act can be brought in a state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws which are generally statute-based and do not grant injured workers 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 their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled the lower courts were correct when they ruled that a seaman must prove that his involvement in the accident directly led to his injury.
Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was solely responsible for 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 in opposition to. 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 crucial distinction for injured workers who work in high-risk fields. After an accident, they can be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies that operate railroads.
FELA requires that railroads provide a safe work environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and trains to tracks, switches and other safety equipment. To allow an injured worker to be successful 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 the direct result of this negligence.
Some employees may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. This is why a lawyer who has experience in FELA cases can be of assistance. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker, by establishing a solid legal basis.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws, also referred to as "railway statues," require that rail companies and, in certain instances, their agents (such as supervisors, managers, or company executives) must adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is enough to justify a claim for injury under the FELA.
If an automatic coupler, grab iron, or any other device for railroads is not installed properly or is defective, this is a common example of a railroad law violation. If an employee is injured as a result of this, they could be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even even if the injury is minor).
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they are injured while working. This includes compensation for the loss of earnings as well as benefits like medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is intended to punish railroads for negligent actions and deter other railroads from engaging in similar conduct.
Congress approved FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on railroads. Before railroad injury fela lawyer there was no legal way for railroad workers to sue employers when they suffered injuries in the course of their work. Railroad workers injured in the line of duty and their families were often left without financial aid during the time they were unable work due to accident or negligence of the railroad.
Injured railroad workers can bring claims for damages under FELA in either state or federal court. The act replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing an approach based on the concept of comparative fault. This means that the 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 permits the jury to decide on the case.
If a railroad company is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not have to prove negligence or the fact that it caused an accident. It is also possible to bring a claim 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 contact an experienced railroad injury lawyer right away. The right lawyer can help you file a claim and receive the maximum benefits for the time you are in a position of no work because of your injury.
