Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are generally protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.
In order to be entitled to damages under FELA, a worker must prove that their injury was caused partly due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers' compensation and FELA are laws that offer protections to employees, there are significant differences between them. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages awarded in the event of death or injury. fela railroad settlements offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at least partially responsible for their injuries.
FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system, and also allows a trial with a jury. It also provides specific rules for determining damage. For instance an employee can receive an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. Furthermore an FELA suit may include additional compensation for pain and suffering.
For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the injury or death. This is a higher level than that required to win a workers compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for significant damages if they suffered injuries during their employment.
In the wake of more than a century of FELA litigation railway companies today regularly adopt and use safer equipment, but railway tracks, trains, yards and machine shops are one of the most hazardous workplaces. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees.
It is important that you seek legal counsel as soon as you can if you are railway worker who has been injured at work. The best way to start is to reach out to an approved BLET-approved Legal Counsel (DLC). Click on this link to find a DLC firm in your region.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employers for injuries or fatalities during work. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those that cover employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was tailored to address the specific needs of maritime employees.
The Jones Act, unlike workers compensation laws, which limit the amount of compensation for negligence to the amount of lost wages for an injured worker, provides unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.
A claim by a seaman under the Jones Act may be brought in a state or federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a completely new approach to workers' compensation laws. Most of these laws are statutory 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 for evidence in FELA cases. The Court ruled the lower courts were right when they ruled that the seaman must prove his contribution to his accident directly caused his injury.
Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk claimed 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 caused injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries as well as maintain their families after an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent hazards of the job. It also established standardized liability requirements.
FELA requires railroads to provide a safe workplace for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to tracks, switches and other safety gear. To be successful an injured worker must show that their employer breached their obligation to them by not providing them with a reasonably secure working environment, and that their injury was the direct result of this failure.
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 with experience in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can help a worker's case by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws are known as "railway statutes" and require that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must comply with these rules to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation can be considered sufficient to support a claim for injuries under the FELA.
When an automatic coupler, grab iron or another railroad device isn't installed correctly or is damaged This is a common example of a railroad law violation. If an employee is injured as a result of this, they could be entitled compensation. However, the law states that if the plaintiff contributed to the injury in some way (even if minimal) the amount they claim will be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws that allows railroad employees and their families to claim significant damages if they suffer injuries on the job. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is to punish the railroad and discourage other railroads from engaging in similar conduct.
Congress passed FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on railroads. Before FELA, there was no legal basis for railroad employees to sue their employers if they were injured while on the job. Railroad workers who were injured, and their families, were often left without financial aid during the time they were unable to work due to their injury or negligence by the railroad.
Under the FELA, railroad workers who suffer injuries may seek damages in state or federal courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions with those of their coworkers. The law allows for the jury to decide on the case.
If a railroad carrier violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. This does not require the railroad to prove it was negligent or even that it was a to the accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you have been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer immediately. A good lawyer will be able to assist you in filing your claim and receiving the highest amount of benefits during the time that you aren't able to work due to your injury.
