Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act, for example, 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 in part caused due to the negligence of their employer.
FELA against. Workers' Compensation
While both workers' compensation and FELA are laws that provide protections to employees, there are some significant differences between them. These distinctions are related to the process of claiming, fault assessment and the kinds of damages awarded in instances of injury or death. Workers' compensation laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at a minimum partially responsible for their injuries.
In addition, FELA allows workers to sue in federal court instead of the state's workers compensation system. It also allows the option of a jury trial. It also has specific rules for determining damages. For instance workers can be awarded compensation up to 80% 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 pain and discomfort.
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 much higher standard than that required for a successful claim under workers compensation. This is a result of FELA’s history. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for significant damages if they were injured during their work.
Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and train tracks as well as in their yards, machine shops, and other work areas. FELA is important to ensure the safety of railway workers, and to address employers' inability to protect their employees.
It is essential to seek legal advice as quickly as you can if you are railway worker who has been injured while at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to find the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was enacted in 1920 as a way to protect sailors who put their lives at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws unlike workers on land. It was closely modeled on the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the unique requirements of maritime workers.
The Jones Act, unlike workers compensation laws, which restrict the amount of compensation for negligence to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their 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 such as past and future suffering, past and future loss of earnings capacity and mental distress.
A seaman's claim 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 revolutionary approach to the laws governing workers' compensation. Most of these laws are statutes and do not grant injured employees the right to 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 her own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court decided that the lower courts were right in determining that the seaman's involvement in his own accident must be proved as having directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong, as they instructed the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same.
FELA vs. fela accident attorney allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they can be compensated and provide for their families. The FELA, which was passed in 1908, was a recognition of the inherent hazards of the work. It also set up uniform standards for liability.
FELA requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. In order for an injured worker to succeed in a claim they must prove that their employer breached their duty of care by failing to provide a safe work environment, and that the injury occurred as the direct result of the inability.
Some workers may have difficulty to meet this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney who has expertise in FELA cases can be of assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker, by providing a solid legal basis.
Certain railroad laws that could 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 instances, their agents (such as supervisors, managers or company executives), comply with these rules to ensure the safety their employees. Violating these statutes can constitute negligence by itself, which means that a violation of any one of these rules is enough to justify an injury claim under FELA.
An instance of a railroad statute violation is the case where an automatic coupler or grab iron is not properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if 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 allow railroad employees and their families to collect significant damages for injuries they that they sustain while working. This includes compensation for loss of earnings as well as benefits such as medical costs, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is in order to punish the railroad and deter other railroads from engaging similar conduct.
Congress passed FELA in 1908 due to public outrage at the alarming 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 on the job. Railroad workers who were injured and their families were often left without adequate financial assistance during the time that they were unable to work due to their injury or the negligence of the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing the concept of the concept of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions to the actions of their coworkers. The law also allows for a jury trial.
If a railroad operator violates one of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not need to prove negligence or contribute to 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 been injured, you should immediately contact an experienced railroad injury lawyer. The right lawyer can help you file a claim and receive the maximum amount of compensation during the time you are not able to work because of the injury.