Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that are injured are typically protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).
To be able to claim damages under FELA the worker must prove that their injury was caused at least in part by negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers' compensation and FELA are laws that provide protections to employees, there are significant differences between them. These differences are related to the claims process as well as fault evaluation, and the types of damages that are awarded for injury or death. Workers' compensation law provides rapid relief to injured workers regardless of who was at fault for the accident. FELA, in contrast, requires that claimants demonstrate that their railroad employer was at a minimum partially responsible for their injuries.
FELA also permits workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for the determination of damages. For example workers can be awarded compensation of up to 80 percent of their weekly wage, plus medical expenses and a reasonable cost of living allowance. Moreover the FELA suit may include additional compensation for pain and suffering.
To be successful for a worker in a FELA case, they must show that the railroad's negligence played at least a small part in the resulting injury or death. This is a much higher standard than that 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 to increase rail safety by allowing injured workers to claim 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 yards, machine shops, and other work areas. FELA is crucial to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees.
It is important that you seek legal advice as quickly as you can when you are a railway worker who has been injured while at work. The best way to start is to contact an approved BLET-approved Legal Counsel (DLC). Click on this link to locate the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was enacted in 1920 to provide a means to safeguard sailors who risk their lives on the high seas or in other navigable waters. They are not covered by 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 tailored to address the unique needs of maritime employees.
Unlike workers' compensation laws, which limit recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their injury or death. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering as well as future and past loss of earnings capacity, and mental distress.
A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutory and do not grant injured employees 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 clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident has to be proven as having directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.
Safety Appliance Act vs. FELA
Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers 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 that was enacted in 1908 was a recognition of the inherent risks of the job. It also set up standardized liability requirements.
FELA requires railroads to provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. In order for an injured worker to be successful in a lawsuit they must prove that their employer violated their duty of care by failing to provide a safe work environment and that the injury was the direct result of the failure.
Some workers may have difficulty to meet this requirement, particularly if a defective piece equipment is responsible for causing an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that govern these requirements, can strengthen a worker's legal case by providing a solid legal foundation.
Some railroad laws that may aid 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), comply with these rules to ensure the safety of their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of one of these rules is sufficient to justify an injury claim under FELA.
If an automatic coupler, grab iron or other railroad device is not installed correctly or is defective, this is a common example of a railroad law violation. If an employee is injured because of this, they may be entitled to compensation. The law stipulates that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even when the injury is not severe).
FELA in opposition to. Boiler Inspection Act
FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they are injured while working. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is to punish the railroad and discourage other railroads from engaging similar conduct.
Congress approved FELA in response to public outrage in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers if they were injured on the job. Railroad workers who were injured and their families were frequently left without adequate financial assistance during the time they were unable to work due to their injury or the negligence of the railroad.
Under the FELA railroad workers who suffer injuries are able to seek damages in federal or state courts. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with the concept of the concept of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his actions to those of his coworkers. The law also permits the possibility of a jury trial.
If a railroad operator violates one of the federal railroad safety statutes such as 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 it was negligent or even that it was a contributing to the cause of an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you are a railroad employee who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. fela railroad settlements can help you file your claim and receive the maximum benefits in the event that you are unable to work due to your injury.