Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.
In order to recover damages under FELA workers must prove that their injury was caused partly due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that offer protections to employees, there are some significant differences between the two. These distinctions are related to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded in the event of death or injury. Workers' compensation laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants show that their railroad's employer is at a minimum partially responsible 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 sets specific rules for determining damages. For instance, a worker can receive an amount of compensation that is up to 80% of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain.
To be successful in a FELA claim, a worker must prove that the railroad's negligence was at least a factor in the injury or death. This is a higher standard than the one required to win a workers compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for significant damages if they were injured during their job.
As a result of more than a century of FELA litigation railway companies are now able to implement safer equipment, however the trains, tracks, railroad yards and machine shops remain among the most dangerous places to work. FELA is crucial to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.
It is crucial to seek legal advice as soon as you can when you are railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click on this link to find the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seamen to sue their employers for injuries or fatalities during work. The Jones Act was enacted in 1920 as a way to protect sailors who are at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the unique requirements of maritime workers.
Contrary to the laws governing workers' compensation which limit the recovery for negligence to a maximum of an injured worker's lost wages, the 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 that their death or injury was directly caused by an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future 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 federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach than most workers' compensation laws which are typically legal 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 determine whether the contribution of a seaman 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 lower courts were right when they determined the seaman must prove his involvement in the accident directly caused his 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 erroneous, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk asserted 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 led to injuries. This is an important distinction for injured workers who work in high-risk industries. This enables them to be compensated for their injuries and to maintain their families after an accident. The FELA, which was passed in 1908 was an acknowledgment of the inherent dangers of the work. It also set up standardized liability requirements.
FELA requires railroads to provide a safe working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from locomotives and cars 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 failing to provide them with a safe working environment and that the injury was the direct result of the failure.
Some employees may find it difficult to comply with this requirement, especially when a piece of equipment that is defective can be the cause of an accident. This is why having a lawyer 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 providing a strong legal foundation.
Some railroad laws that may help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail corporations, and in some cases their agents (such as supervisors, managers or company executives) must adhere to these rules to ensure the safety their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is enough to support an injury claim under FELA.
If an automatic coupler grab iron, or any other railroad device is not installed correctly or is defective it is a typical instance of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured as a result they could be entitled to compensation. The law states that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even even if the injury is minor).
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that allows railroad workers and their family members to recover substantial damages if they get injured while on the job. This includes compensation for loss of earnings and benefits like medical expenses, disability payments, and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim can be filed for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging similar conduct.
Congress approved FELA in 1908 in response to public outrage over the appalling rate of accidents and fatalities on the railroads. Prior to FELA there was no legal basis for railroad workers to sue employers when they were hurt while on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad.
Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. The law determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. fela lawsuit settlements allows for the possibility of a jury trial.
If a railroad carrier violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove that it was negligent or that it was a to the cause of an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.
If you have 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 obtain the maximum benefits during the time you are in a position of no work because of your injury.