Workers Compensation Vs Federal Employers Liability Act
Workers in high-risk industries who are injured are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.
In order to recover damages under FELA, a worker must prove that their injury was caused at least partly due to negligence on the part of the employer.
FELA vs. Workers' Compensation
There are differences between workers' compensation and FELA while both laws provide protection for employees. These distinctions are related to the process of claiming, fault assessment and types of damages that are awarded in the event of death or injury. Workers' compensation law provides quick assistance to injured workers regardless of who was at fault for the accident. FELA however, in contrast requires claimants to prove that their railroad company was at least partly accountable for their injuries.
FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system, and also allows a trial with a jury. It also has specific rules for determining damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.
To be successful for a worker in a FELA case they must prove that the railroad's negligence played at least a part in the injury or death. This is a higher requirement than what is required to win a workers compensation claim. This requirement is a product of the 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 a century, they still employ dangerous equipment and train tracks as well as in their machine shops, yards, and other work areas. FELA is essential to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees.
It is crucial to seek legal advice as soon as you can if are railway worker who has been injured at work. The best way to begin is to reach out to a designated Legal Counselor from BLET (DLC). Click here to locate the DLC firm in your region.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths during work. The Jones Act was passed in 1920 as a way to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was modeled after the Federal Employers Liability Act (FELA), a law that covers railroad workers. It was also tailored to satisfy the needs of maritime workers.
The Jones Act, unlike workers compensation laws which limit the amount of compensation for negligence to a maximum of lost wages for an injured worker, provides unlimited liability in maritime cases that involve negligence by employers. Additionally, under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering and pain, past and future loss of earnings capacity and mental distress.
A claim against a seaman under the Jones Act can be brought in an state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory in nature and do not give injured workers the right to a trial before a 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 proof than the standard for evidence in FELA cases. The Court ruled that the lower courts were correct in their decision that the seaman's involvement in his own accident has to be shown to have directly caused his or her injury.
Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.
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 an important distinction for injured workers who work in high-risk sectors. 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 uniform liability standards for companies that operate railroads.
FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. In order for an injured worker to be successful in a claim, they must prove that their employer violated their duty of care by failing to provide a safe working environment and that the injury occurred as directly caused by this inability.
Some workers may find it difficult to comply with this requirement, particularly in the event that a defective piece of equipment is responsible for causing an accident. fela lawyers who has experience with FELA claims can be a great help. A lawyer who is familiar with the safety requirements for railroaders and the regulations that regulate these requirements, can help bolster a worker's legal case by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and mandate that rail corporations, and in certain cases, their agents (like managers, supervisors or company executives) must follow these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to support an injury claim under FELA.
If an automatic coupler, grab iron or other railroad device is not installed properly or is defective This is a common example of a railroad law violation. If an employee is injured because of this, they could be entitled compensation. However, the law also stipulates that if a plaintiff contributed to their injury in any way (even the injury is not severe), their claim may be reduced.
FELA in opposition to. Boiler Inspection Act
FELA is a set of federal laws that permit railroad workers and their families to claim substantial damages for injuries caused while working. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is to penalize the railroad and dissuade other railroads from engaging similar conduct.
Congress approved FELA in 1908 in response to public outrage over the shocking number of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue employers when they suffered injuries while on the job. Injured railroad workers and their families were often left without financial assistance during the time they were unable to work because of their injuries or the negligence of the railroad.
Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault. The law determines a railroader's part of the blame for an accident by comparing their actions to those of their coworkers. The law allows for the jury to decide on the case.
If a railroad company violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad does not have to prove negligence or the fact that it caused an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes.
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 your claim and obtain the maximum benefits during the time you are unable to work due to the injury.