Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are typically protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.
In order to be entitled to damages under FELA the worker must prove their injury was caused at least partially due to negligence on the part of the employer.
FELA vs. Workers' Compensation
While both workers' compensation and FELA are laws that offer protections to employees, there are significant differences between them. These distinctions are related to the claims process as well as fault assessment and the types of damages awarded in instances of death or injury. Workers' compensation law offers quick 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 least partially responsible for their injuries.
In addition, FELA allows workers to sue federal courts, instead of the state's workers' compensation system and provides jurors for trials. It also sets specific rules for determining damages. A worker can receive up to 80% their average weekly wage 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 show that negligence by the railroad played at least a small part in the injury or death. This is a higher level than the one required for a successful workers compensation claim. This is a part 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 were injured during their job.
Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks, as well as in their machine shops, yards, and other work areas. This makes FELA crucial for ensuring safety of all railway workers and taking action against employers' inability to safeguard their employees.
If you are a railway worker who has suffered an injury while on the job it is essential to seek legal advice as soon as possible. The best way to start is by contacting an approved BLET designated Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers for work-related 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 other navigable waters. They are not covered under workers' compensation laws, unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the specific needs of maritime employees.
In contrast to workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified like the suffering and pain, as well as 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 lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. fela attorneys of these laws are statutory in nature and do not give injured workers the right to trial by jury.
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subjected to a higher evidence standard than FELA claims. The Court held that lower courts were correct when they ruled that a seaman must prove that his contribution to his accident directly led to his injury.
Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.
FELA vs. Safety Appliance Act
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers who work in high-risk industries. This allows workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA law, which was passed in 1908 was an acknowledgement of the inherent risks of the work. It also set up uniform liability standards.
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 tracks, switches, and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by failing to provide them with a reasonably safe working environment and that their injury was the direct result of this failure.
This requirement can be a challenge for some workers, especially when a defective piece of equipment is involved in an accident. This is why a lawyer who has experience in FELA cases can help. An attorney who understands 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 aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail companies and, in certain instances, their agents (such as supervisors, managers, or company executives) adhere to these rules to ensure the safety their employees. Violations of these statutes may be considered to be negligence in and of themselves, which means that a violation is enough to justify a claim for injuries under the FELA.
An instance of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or is defective. If an employee is injured as a result of this, they could be entitled compensation. However, the law also stipulates that if a plaintiff contributed to the 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 allow railroad employees and their families to recover substantial damages from injuries sustained during work. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. Additionally when an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is intended to punish railroads for their negligence and discourage other railroads from engaging in similar actions.
Congress adopted FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities 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 adequate financial support during the time that they were unable to work because of their injuries or the negligence of the railroad.
Under the FELA, railroad workers who are injured are able to make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk by establishing an approach based on the concept of comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law permits an investigation by jury.
If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries resulting from the violation. The railroad does not need to prove negligence or contribute to an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.
If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury attorney immediately. The right lawyer can help you file your claim and get the maximum benefits in the event that you are not able to work because of the injury.