Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are usually protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).
To be able to claim damages under FELA workers must prove their injury was caused partially due to negligence on the part of the employer.
FELA against. Workers' Compensation
While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These differences are based on the process of filing claims as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation law gives rapid assistance to injured workers regardless of who is responsible for the accident. FELA, on the other hand, requires that claimants demonstrate that their railroad company was at least partly responsible for their injuries.
Additionally, FELA allows workers to sue federal courts instead of the state's workers compensation system. It also provides the option of a jury trial. It also sets specific rules for determining damages. A worker could receive up to 80% of their average weekly wage as well as medical expenses and a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for pain and discomfort.
To win a FELA claim the worker must show that the railroad's negligence was an element in the cause of injury or death. This is a 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 improve 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 use dangerous equipment and train tracks, as well as in their machine shops, yards, and other work areas. This is what makes FELA essential for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees.
If you are a railway worker who has suffered an injury while on the job it is essential that you seek legal advice as soon as possible. The best way to begin is to reach out to a BLET designated Legal Counsel (DLC). Follow this link to find an approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer while on the job. The Jones Act was enacted in 1920 as a way to protect sailors who risk their lives on the high seas or in other navigable waters. They are not covered by workers' compensation laws unlike workers on land. It was modeled on the Federal Employers' Liability Act (FELA) which is which protects railroad employees. It was also crafted to meet the needs of maritime workers.
The Jones Act, unlike workers compensation laws, which limit the amount of negligence compensation to the amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering as well as future and past loss of earnings capacity and mental distress.
A seaman's claim under the Jones Act may be brought in a state or federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory and do not grant injured employees the right to trial by 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 their own injury was subject to a higher standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were correct in determining that the seaman's involvement in his own accident has to be shown as having directly caused his or her 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 and they had instructed the jury that Norfolk was only responsible for the negligence that caused his injury. Norfolk argued 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 caused injuries. This is a significant distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and provide for their families. The FELA, which was passed in 1908, was an acknowledgement of the inherent risks of the work. It also set up uniform standards for liability.
FELA requires railroads to provide a safe work environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. To allow an injured worker to succeed in a lawsuit they must show that their employer acted in breach of their duty of care by not providing a safe work environment and that the injury was directly caused by this inability.
This requirement may be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. Having fela claims that understands the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker, by providing a strong legal foundation.
Some railroad laws that may strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail corporations and, in some instances, their agents (such as managers, supervisors, 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 any one of these rules is sufficient to justify a claim for injury under FELA.
An illustration of a railroad statute violation is the case where an automatic coupler or grab iron is not properly installed or is defective. If an employee is injured due to this, they could be entitled compensation. However, the law stipulates that if the plaintiff was a contributor to the injury in some way (even if minimal), their claim may be reduced.
FELA in opposition to. Boiler Inspection Act
FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they get injured on the job. This includes compensation for the loss of earnings as well as benefits like medical expenses, disability payments, and funeral expenses. In addition, if an injury results in permanent impairment or death, a claim could be made for punitive damages. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar behavior.
Congress approved FELA in 1908 as a result of public outrage at the alarming number of fatalities and accidents on the railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained while on the job. Railroad workers who were injured and their families were often left without adequate financial assistance during the time they were unable to work because of their injuries or the negligence of the railroad.
Under the FELA, railroad workers who are injured may seek damages in federal or state courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative blame. The law determines a railroad worker’s share of responsibility for an accident by comparing their actions to those of their coworkers. The law also allows for an open trial before a jury.
If a railroad company violates any of the federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad is not required to prove that it was negligent or that it contributed to an accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you have been injured while working as a railroad employee, you must contact a seasoned railroad injury attorney immediately. The right lawyer can help you file a claim and get the maximum benefits in the event that you are unable to work due to your injury.