Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that suffer injuries are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.
To be able to claim 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.
FELA Vs. Workers' Compensation
While both workers' compensation and FELA are laws that provide protections to employees, there are a few differences between the two. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded for injury or death. Workers' compensation law gives quick relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad's employer is at the very least partly responsible for their injuries.
FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system and provides a trial by jury. It also provides specific rules for determining damage. 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 could also include 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 role in the injury or death. This is a much higher standard than what is required to be successful in a claim under workers' compensation. This requirement is a product of the history of FELA. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for significant damages if they suffered injuries in the course of their work.
As a result of more than a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but railroad tracks, trains, yards and machine shops remain some of the most dangerous workplaces. FELA is essential 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 if you are railway worker who has been injured while at work. The best way to start is to contact an approved BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities while on the job. The Jones Act was enacted in 1920 to provide a means to safeguard sailors who are at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the unique requirements of maritime workers.
In contrast to workers' compensation laws, which limit recovery 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 that their death or injury was directly caused by the negligence of an employer's behavior. The Jones Act allows injured seamen to sue their employers to recover unspecified damages including the past and present suffering and pain, future loss of earning capacity, mental distress, etc.
A claim by a seaman under the Jones Act may be brought in either a state or federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws which are usually legal and do not give injured employees the right to a jury trial.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injury was subjected to a higher standard of proof than FELA claims. The Court held that lower courts were right when they ruled that the seaman must prove his contribution to his accident directly caused his injury.
Sorrell was awarded US$1.5 million for his injuries. fela railroad accident lawyer , Norfolk Southern, argued that the court's instructions to the jury were erroneous in that they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.
FELA Vs. Safety Appliance Act
In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers who work in high-risk industries. After an accident, they are able to be compensated and support their families. The FELA, which was passed in 1908 was an acknowledgment of the inherent dangers of the job. It also established uniform liability standards.
FELA requires railroads to 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 equipment. To allow an injured worker to prevail in a lawsuit they must show 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 that failure.
Some workers may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment is involved in causing an accident. This is why 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 establishing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and mandate that rail corporations, and in some instances their agents (like managers, supervisors or executives of companies) must follow these rules to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation is enough to justify a claim for injury under the FELA.
When an automatic coupler, grab iron, or any another railroad device isn't installed correctly or is defective, this is a common example of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in some way (even if minimal), their claim may be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they suffer injuries on the job. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar conduct.
Congress approved FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on railroads. Before FELA there was no legal way for railroad workers to sue their 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 work due to injuries or negligence on the part of the railroad.
Under the FELA railroad workers who are injured may seek damages in state or federal courts. The act eliminated defenses like The Fellow Servant Doctrine and 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 allows for a trial by jury.
If a railroad carrier violates any of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad is not required to prove negligence or that it contributed to an accident. You can also bring an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury attorney immediately. A qualified lawyer can assist you file your claim and obtain the most benefits during the time you are unable to work due to the injury.