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Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad employees.
In order to be entitled to damages under FELA the worker must prove 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 offer protection to employees, there are some significant differences between them. These distinctions are related to the claims process as well as fault assessment and the types of damages awarded in cases of death or injury. Workers' compensation law provides rapid assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants show that their railroad's employer is at the very least partially responsible for their injuries.
FELA also allows 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 rules for determining damage. A worker could receive up to 80% of their average weekly salary, as well as medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.
To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a role in the death or injury. This is a far more stringent requirement than that needed to be successful in a claim under workers compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to sue for damages.
Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to safeguard their employees.
It is important that you seek legal advice as quickly as you can when you are a railway worker who is injured at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to find an approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is federal law which allows seamen to sue their employers for injuries or deaths on the job. The law 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 the laws on workers' compensation similar to those that protect land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet the specific requirements of maritime workers.
The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to the maximum amount of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages, such as past and present suffering and pain, as well as future loss of earning capacity, mental distress, etc.
A claim for a seaman in the Jones Act can be brought in an state court or a federal court. fela accident attorney in a suit filed under the Jones Act have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not give injured employees the right to trial before a jury.
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's involvement in their own injury was subject to a more strict proof standard than in FELA claims. The Court ruled that the lower courts were correct when they determined that the seaman's involvement in his own accident has to be shown as having directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct, since they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases.
Safety Appliance Act vs. FELA
Unlike workers' compensation laws, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that led to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish standard liability requirements for companies that manage railroads.
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 demonstrate that their employer has violated their duty of responsibility by not providing them with a safe working environment and that their injury was the direct result of this negligence.
Some workers may have difficulty to meet this requirement, especially if a defective piece equipment can be the cause of an accident. This is why a lawyer with experience in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker by providing a strong legal basis.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws are known as "railway statutes" and require that rail corporations, and in some instances, 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, which means that a violation is enough to support a claim for injuries under the FELA.
If an automatic coupler grab iron or other device for railroads is not installed properly or is defective it is a typical instance of a lawful railroad violation. If an employee is injured due to this, they could be entitled compensation. The law states that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even if it is minimal).
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad workers and their family members to claim significant damages if they are injured while on the job. This includes compensation for lost earnings as well as benefits such as medical expenses, disability payments and funeral expenses. In addition, if an injury results in permanent impairment or death, a claim can be filed for punitive damages. This is intended to punish railroads for their negligence and deter other railroads from engaging in similar conduct.
Congress passed FELA as a response to public outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers when they suffered injuries in the course of their work. Injured railroad workers and their families were often left without adequate financial assistance during the time that they were unable to work because of their injuries or the negligence of the railroad.
Railroad workers injured in an accident can file 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 a system of comparative blame. The law determines a railroad worker’s share of responsibility for an accident by comparing their actions with those of their coworkers. The law allows for an investigation by jury.
If a railroad operator violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. It is not necessary for the railroad to prove it was negligent, or even that it was a contributory cause of an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.
If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury lawyer right away. The right lawyer can assist you in filing your claim and receiving the highest amount of benefits in the time you are not working due to your injury.
