Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).
In order to recover damages under FELA workers must prove that their injury was caused at the very least partly due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that offer protection to employees, there are significant differences between the two. These distinctions are related to claims processes as well as fault evaluation, and the types of damages awarded in the event of death or injury. Workers' compensation law gives rapid aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partly responsible for their injuries.
In addition, FELA allows workers to sue federal courts, instead of the state's worker' compensation system and provides a jury trial. It also sets specific rules for the calculation of damages. For example workers can be awarded compensation of up to 80% of their average weekly earnings, as well as medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.
To win a FELA claim the worker must show that the railroad's negligence was a factor in the injury or death. This is a far higher standard than that required to be successful in a claim under workers' compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA in an effort to increase safety on the rails by permitting workers to sue for significant damages if they were injured during their work.
In the wake of more than a century of FELA litigation, railway companies now regularly implement safer equipment, however the railway tracks, trains, yards and machine shops are still among the most dangerous places to work. FELA is essential to ensure the safety of railway workers and to address employers' inability to protect their employees.
It is important that you seek legal advice as soon as you can if are a railway worker who has been injured at work. The best way to start is by contacting the BLET-approved Legal Counsel (DLC). Click this link to find an approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities while on the job. The Jones Act was enacted in 1920 as a way to safeguard sailors who put their lives at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the unique needs of maritime employees.
The Jones Act, unlike workers compensation laws, which restrict the amount of compensation for negligence to the amount of lost wages for an injured worker, provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers to recover unspecified damages including past and present suffering and pain, future loss of earning capacity, mental distress, etc.
A suit for a seaman under the Jones Act can be brought in either a state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a fundamentally new approach to the laws governing workers' compensation. The majority of these laws are statutory and do not grant injured employees the right to a trial before a jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's involvement in their own injury was subject to a more strict standard of proof than FELA claims. The Court ruled the lower courts were right when they determined the seaman had to prove that his role in the accident directly led to his injury.
Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since 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 standard of causation should be the same in FELA and Jones Act cases.
FELA in opposition to. Safety Appliance Act
In contrast to the laws governing workers' compensation, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is a major distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA law, which was passed in 1908 was a recognition of the inherent dangers of the job. It also established uniform liability standards.
FELA requires that railroads offer a safe working environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. In order for an injured worker to be successful in a lawsuit they must prove that their employer violated their duty of care by not providing a safe work environment, and that the injury was directly caused by the failure.
This rule can be a challenge for some workers, especially when a piece of equipment is involved in an accident. This is why an attorney who has experience in FELA cases can be helpful. 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 base.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are known as "railway statutes" and mandate that rail corporations, and in some instances, their agents (like managers, supervisors or executives of companies) must follow these rules in order to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is sufficient to support an injury claim under FELA.
fela attorneys of railroad statute violations is when an automatic coupler or grab iron isn't properly installed or is defective. This is an obvious violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. The law states that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even even if the injury is minor).
FELA in opposition to. Boiler Inspection Act
FELA is a set of federal laws that allows railroad workers and their family members to claim substantial damages if they suffer injuries while on the job. This includes the compensation for lost earnings and 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 actions.
Congress adopted FELA in response to the public's anger in 1908 over the shocking rate of accidents and deaths on railroads. Before FELA there was no legal basis for railroad workers to sue employers when they were hurt in the course of their work. Injured railroad workers, and their families, were often denied financial assistance during the time they were unable work due to injuries or negligence on the part of the railroad.
Under the FELA railroad workers injured can make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing an approach based on the concept of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing their actions to those of coworkers. The law also allows for a jury trial.
If a railroad carrier violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. This does not mean that the railroad to prove it was negligent, or even that it was a contributory to the accident. You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you are a railroad employee who has suffered an injury or injured, you must immediately contact an experienced railroad injury lawyer. A good lawyer will be able to assist you in filing your claim and obtaining the most benefits possible during the time that you aren't able to work due to your injury.