Workers Compensation Vs Federal Employers Liability Act
When 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 instance, protects railroad employees.
To recover damages under the FELA the victim must be able to prove that their injuries were at least partially caused due to the negligence of their employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that provide protections to employees, there are significant differences between them. These distinctions are related to the process of claiming, fault assessment and the kinds of damages that are awarded in the event of death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was responsible for the accident. FELA however, however, requires that claimants demonstrate that their railroad employer was at least partially responsible for their injuries.
FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for determining damage. A worker can receive up to 80% their average weekly salary, plus medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit may 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 played at least a small part in the resulting injury or death. This is a higher level than that required to win a workers compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages.
In the wake of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, but the railroad tracks, trains, yards and machine shops are among the most dangerous workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to protect their employees.
If you are a railway employee who was injured while on the job, it is crucial that you seek legal advice as quickly as you can. The best way to begin is to contact an approved BLET designated Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The Jones Act was enacted in 1920 to provide a means to safeguard sailors who put their lives at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike workers on land. It was modeled after the Federal Employers Liability Act (FELA), which protects railroad workers. It was also designed to meet the needs of maritime workers.
Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain in the past and future, loss of earnings capacity, and mental distress.
A seaman's claim under the Jones Act may be brought in either a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to workers' compensation laws. The majority of these laws are statutory in nature and do not grant injured employees the right to a 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 more rigorous standard of evidence than the standard of evidence in FELA cases. The Court held that the lower courts were right in their decision that a seaman's role in his own accident has to be proved to have 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 that directly contributed 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
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers who work in high-risk fields. This allows them to be compensated for their injuries and to support their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for businesses that operate railroads.
FELA requires railroads to provide a safe workplace for their employees. This includes the use of repaired and maintained equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To allow an injured worker to succeed in a claim they must prove that their employer breached their duty of care by failing to provide a reasonably safe working environment and that the injury was a direct result of that failure.
fela claims railroad employees may have difficulty to meet this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney who has expertise in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker by establishing a solid legal foundation.
Some railroad laws that may aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in some instances their agents (like managers, supervisors, or company executives) must comply with these rules in order to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim of injuries under the FELA.
An example of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured because of this, they may be entitled to compensation. However, the law stipulates that if the plaintiff contributed to the injury in some way (even if minimal) the claim could be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws which allow railroad employees and their families to claim substantial damages for injuries sustained on the job. This includes compensation for loss of earnings as well as benefits including medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar actions.
Congress adopted FELA in response to the public's outrage in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers for injuries they sustained on the job. Injured railroad workers and their families were often left without financial aid during the time they were unable to work because of their injury or negligence by the railroad.
Under the FELA, railroad workers who are injured may seek damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with a system based on the concept of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law allows for an investigation by jury.
If a railroad operator violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not mean that the railroad to prove that it was negligent or that it was a contributing to the accident. You can also bring an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you've been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. A good lawyer can help you file a claim and receive the maximum benefits during the time you are not able to work because of the injury.