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. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).
To claim damages under the FELA the plaintiff must prove that their injury was at a minimum, caused due to the negligence of their employer.
Workers' Compensation vs. FELA
There are differences between workers' compensation and FELA although both laws provide protection to employees. These differences are related to the claims process, fault assessment and types of damages that are awarded in the event of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. fela settlements requires that claimants demonstrate that their railroad company is at the very least partially responsible for their injuries.
Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also allows jurors for trials. It also establishes specific rules for determining damages. For example an employee can receive an amount of compensation that is up to 80 percent of their weekly earnings, as well as medical expenses and an affordable cost of living allowance. Moreover, a FELA suit could include compensation for pain and suffering.
To be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a part in the death or injury. This is a higher standard than that required for a successful claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in order to improve safety on the rails by allowing workers to sue for significant damages if they suffered injuries in the course of their job.
Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. FELA is important to ensure the safety of railway workers and to tackle employers' negligence in protecting their employees.
If you are a railway employee who has suffered an injury on the job it is imperative to seek legal advice as soon as you can. The best way to start is by contacting a BLET-approved Legal Counsel (DLC). Click on this link 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 work-related injuries and deaths. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters since they are not covered by the laws on workers' compensation similar to those that protect land-based employees. It was modeled on the Federal Employers Liability Act (FELA) which was which covers railroad workers. It was also crafted to satisfy the needs of maritime employees.
The Jones Act, unlike workers compensation laws which limit the amount of negligence compensation to a maximum of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering and pain, past and future loss of earnings capacity, and mental distress.
A claim for a seaman in the Jones Act can be brought in either the state court or in a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally different approach than most workers' compensation laws which are usually legal and do not give injured employees the right to a jury trial.
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subjected to a higher standard of proof than FELA claims. The Court held that the lower courts were right in their decision 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 injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk argued that the causation standard 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 resulted in injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they will be compensated and support their families. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses who operate railroads.
FELA requires railroads to provide a safe work environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a reasonably secure working environment and that their injury was the direct result of this negligence.
Some workers may find it difficult to comply with this requirement, especially if a defective piece equipment is involved in causing an accident. This is why having a lawyer who has experience in FELA cases can help. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements can help strengthen the legal case of a worker by providing a solid legal foundation.
Some railroad laws that may help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in certain instances their agents (like managers, supervisors or executives of companies) must follow these rules to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injury under the FELA.
A typical instance of a railroad statute violation is when an automatic coupler or grab iron isn't correctly installed or is defective. This is clearly a violation of the Safety Appliance Act, and when an employee is injured as a result, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in some way (even if minimal) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that permit railroad workers and their families to recover significant damages for injuries they sustained on the job. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to punish the railroad and dissuade other railroads from engaging in similar behavior.
Congress adopted FELA in 1908 due to public outrage at the alarming number of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue employers when they suffered injuries on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad.
Injured railroad workers can bring claims for damages under FELA in either state or federal court. The act eliminated defenses such as The Fellow Servant Doctrine and the 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 to those of their coworkers. The law allows for a trial by jury.
If a railroad carrier violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. The railroad does not need to prove that it was negligent or the fact that it caused an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you've been injured on the job as a railroad worker you should consult a skilled railroad injury attorney immediately. A good lawyer will be able to assist you in filing your claim and obtaining the highest amount of benefits in the time you aren't working due to the injury.