Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who suffer injuries are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).
To claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused by 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 the two. These differences relate to the process of submitting claims, fault evaluation and the types of damages awarded for death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA, on the other hand requires claimants to prove that their railroad company was at least partially responsible 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 an employee can receive compensation up to 80 percent of their weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.
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 higher standard than what is required to win a workers compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to sue for damages.
As a result of more than 100 years of FELA litigation railway companies are now able to implement safer equipment, but the railway tracks, trains, yards and machine shops are one of the most hazardous places to work. FELA is crucial to ensure the safety of railway workers, and to tackle employers' inability to protect their employees.
It is important that you seek legal advice as soon as you can if you are a railway worker who has been injured while at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to begin. Click here 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 are at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. fela settlements was modeled on the Federal Employers' Liability Act (FELA) which is a law that covers railroad employees. It was also crafted to meet the needs of maritime workers.
In contrast to workers' compensation laws that limit the amount of compensation for negligence to a maximum of the injured worker's lost wages, 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 death or injury was directly caused by the negligence of an employer's behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain, past and future loss of earnings capacity and mental distress.
A suit for a seaman under the Jones Act can be brought in either an state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory and do not grant injured employees the right to trial before a jury.
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled the lower courts were correct in determining that the seaman had to prove that his role in the accident directly led to his injury.
Sorrell was awarded 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 not correct in that they told the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk claimed that the causation standard 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 a significant distinction for injured workers in high-risk industries. This allows workers to receive compensation for their injuries as well as support their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the job. It also established standardized liability requirements.
FELA requires that railroads provide a safe work environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to tracks, switches and other safety gear. In order for an injured worker to be successful in a claim they must show that their employer breached their duty of care by failing to provide a reasonably safe work environment and that the injury occurred as a direct result of this inability.
This rule can be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker, by establishing a solid legal basis.
Some railroad laws that may help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail corporations and, in some instances, their agents (such as supervisors, managers or company executives) must adhere to these regulations to ensure the safety of their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of any one of these rules is sufficient to justify a claim for injury under FELA.
If an automatic coupler, grab iron or other device for railroads is not installed properly or is damaged This is a common instance of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured because of it the employee may be entitled to compensation. However, the law also stipulates that if a plaintiff was a contributor to the injury in any way (even even if it was a minor cause) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that allows railroad workers and their family members to claim substantial damages if they get injured while working. This includes the compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is in order to punish the railroad and dissuade other railroads from engaging similar behavior.
Congress approved FELA in 1908 as a result of public outrage at the alarming rate of fatalities and accidents on railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers if they were injured on the job. Injured railroad workers and their families were often left without adequate financial assistance during the period they were unable to work because of their accident or negligence of the railroad.
Under the FELA railroad workers who suffer injuries are able to seek damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with an approach based on the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing their actions to those of coworkers. The law permits an investigation by jury.
If a railroad carrier violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. The railroad is not required to prove that it was negligent or contribute to an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.
If you are a railroad worker who has suffered an injury, you should immediately contact an experienced lawyer for railroad accidents. A good lawyer will be able to assist you in filing your claim and receiving the maximum benefits available in the time you aren't working because of your injury.