Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk industries are injured, they are generally protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).
In order to be entitled to damages under FELA, a worker must prove their injury was caused at the very least partly 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 a few differences between them. These distinctions are related to claims processes, fault evaluation and the types of damages that are awarded in the event of death or injury. Workers' compensation law offers immediate assistance to injured workers regardless of who is responsible for the accident. FELA however, on the other hand, requires that claimants demonstrate that their railroad company was at least partly accountable 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 has specific rules for the determination of damages. For example workers can be awarded an amount of compensation that is up to 80% of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.
To be successful for a worker in a FELA case they must prove that the railroad's negligence played at least a role in the injury or death. This is a much more stringent requirement than that needed to be successful in a claim under workers compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages.
Despite the fact that railroad companies have been suing for over a century, they still use dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. FELA is crucial to ensure the safety of railway workers and to address employers' inability to protect their employees.
If you are a railway employee who has suffered an injury while on the job, it is crucial to seek legal advice as soon as possible. Contacting a BLET designated legal counsel (DLC) firm is the best way to begin. Follow this link to find an approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. It was enacted 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 workers. It was closely modeled after the
Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the specific needs of maritime employees.
The Jones Act, unlike workers compensation laws, which limit the amount of compensation for negligence to a maximum of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain, past and future loss of earnings capacity, and mental distress.
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 trial by jury. This is a completely new approach to workers' compensation laws. Most of these laws are statutory in nature and do not grant injured workers the right to trial before a 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 standard of proof than
FELA claims. The Court held that lower courts were correct when they ruled that a seaman must prove that his involvement in the accident directly led to his injury.
Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.
fela attorneys near me in opposition to. Safety Appliance Act
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. After an accident, they are able to be compensated and maintain their families. The FELA that was enacted in 1908, was an acknowledgement of the inherent dangers of the job. It also established uniform liability standards.
FELA requires railroads to provide a safe working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. To be successful an injured worker must prove that their employer did not fulfill their obligation of care by not providing them with a reasonably safe working environment and that the injury was the direct result of this failure.
Some workers may have difficulty to comply with this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. A lawyer with experience in FELA claims can be a great help. A lawyer who understands the safety requirements for railroaders, and the regulations that govern these requirements, can help bolster the legal case of a worker by giving a solid legal basis.
Certain railroad laws that could help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail corporations and, in some instances, their agents (such as supervisors, managers or company executives) must adhere to these rules to ensure the safety their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is sufficient to justify an injury claim under FELA.
If an automatic coupler, grab iron, or any another railroad device isn't installed correctly or is defective This is a common instance of a railroad law violation. This is a clear violation of the Safety Appliance Act, and if an employee is hurt due to the incident the employee may be entitled to compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in some way (even if minimal) the amount they claim will be reduced.
Boiler Inspection Act vs. FELA
FELA is a series of federal laws that allow railroad workers and their families to claim substantial damages from injuries caused while working. This includes compensation for loss of earnings and benefits, such as medical costs, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is to punish the railroad and deter other railroads from engaging similar behavior.
Congress passed FELA in 1908 in response to public outrage at the alarming rate of fatalities and accidents on the railroads. Before FELA there was no legal basis for railroad workers to sue employers when they were hurt on the job.