Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).
To be able to claim damages under FELA workers must prove their injury was caused at the very least partially due to negligence on the part of the employer.
FELA Vs. Workers' Compensation
While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These differences are related to the process of submitting claims, fault evaluation and the types of damages awarded for death or injury. Workers' compensation law gives quick relief to injured workers regardless of who was at fault for the accident. FELA, on the other hand demands that claimants prove that their railroad employer was at least partially accountable for their injuries.
FELA also allows workers to sue federal courts on behalf of the state workers' compensation system, and allows for a trial by jury. It also provides specific rules for determining damages. For example workers can be awarded compensation up to 80 percent of their weekly salary, in addition to medical expenses and an affordable cost of living allowance. Furthermore, a FELA suit may include additional compensation for pain and suffering.
For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the death or injury. This is a higher standard than what is required for a successful workers compensation claim. This is a part of FELA’s history. In 1908, Congress passed FELA in order to improve safety on the rails by allowing workers to sue for significant damages if they suffered injuries in the course of their work.
In the wake of more than a century of FELA litigation railway companies today regularly adopt and deploy safer equipment, but the railroad tracks, trains, yards and machine shops are still one of the most hazardous work environments. This is what makes FELA crucial for ensuring safety of all railway workers as well as taking action against employers' inability to protect their employees.
If you are a railway worker who has suffered an injury in the course of work it is imperative that you seek legal advice as quickly as possible. The best way to begin is to reach out to the BLET designated Legal Counsel (DLC). Click on this link to locate the DLC firm in your region.
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 law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation similar to those that protect land-based workers. It was modeled on the Federal Employers' Liability Act (FELA) which was which protects railroad workers. It was also tailored to meet the needs of maritime workers.
The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to the amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering and pain, past and future loss of earnings capacity, and mental distress.
A claim for compensation by a seaman under the Jones Act may be brought in either a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not give 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 clarify whether a seaman's contribution to his or her own injury was subject to a more rigorous standard of proof than the standard for proof in FELA cases. The Court held that the lower courts were right when they determined that a seaman's contribution to his own accident must be shown to have directly contributed to the injury.
Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.
Safety Appliance Act vs. FELA
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a crucial distinction for injured workers who work in high-risk sectors. This enables workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent risks of the job. It also established uniform standards for liability.
FELA requires railroads to provide a secure working environment for their employees, which includes 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 the injury resulted directly from the failure.
Some workers may find it difficult to meet this requirement, especially in the event that a defective piece of equipment can be the cause of an accident. This is why an attorney with expertise in FELA cases can help. A lawyer who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can help strengthen the legal case of a worker by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws, also known as "railway statues," require that rail corporations, and in some instances, their agents (such as managers, supervisors or company executives) must adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning 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 any other railroad device is not installed properly or is defective This is a common example of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and should an employee be injured because of it, they may be entitled to compensation. However, the law also states that if the plaintiff contributed to their injury in any way (even if minimal) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that allow railroad workers and their families to recover significant damages for injuries they sustained while working. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is in order to punish the railroad and dissuade other railroads from engaging similar actions.
Congress adopted FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal basis for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers injured and their families were often left without financial support during the period that they could not work because of their injuries or the negligence of the railroad.
Under the FELA, railroad workers who are injured can seek damages in state or federal courts. The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. The act determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also permits an open trial before a jury.
If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. This does not mean that the railroad to prove that it was negligent or even that it was a contributing to the cause of an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes.
If fela lawsuit settlements are a railroad worker who has been injured or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer can help you file a claim and receive the maximum benefits in the event that you are unable to work due to the injury.