Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act, for example, protects railroad employees.
To recover damages under the FELA the victim must prove that their injury was at a minimum, caused by the negligence of the employer.
Workers' Compensation vs. FELA
There are some differences between workers compensation and FELA while both laws provide protection to employees. These differences are related to the process of submitting claims as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries.
In addition, FELA allows workers to sue in federal court instead of the state's workers compensation system. It also provides a jury trial. It also establishes specific rules for determining damages. For instance workers can be awarded compensation up to 80 percent of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Additionally an FELA suit could include compensation for pain and suffering.
In order to win a FELA claim, a worker must prove that the railroad's negligence was a factor in the resulting injury or death. This is a much higher standard than that required for a successful claim under workers compensation. This requirement is a product of the history of FELA. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to seek damages.
Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks as well as in their machines shops, yards and other workplaces. FELA is important to ensure the safety of railway workers and to correct employers' negligence in protecting their employees.
If you are a railway employee who was injured while on the job it is essential that you seek legal advice as soon as possible. The best way to start is to reach out to the designated Legal Counselor from BLET (DLC). Click on this link to locate 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 Jones Act was passed in 1920 as a means to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was modeled on the Federal Employers' Liability Act (FELA) which is which protects railroad employees. It was also designed to accommodate the 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 injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering and pain in the past and future, loss of earnings capacity and mental distress.
A suit for a seaman under the Jones Act can be brought in a state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a completely new approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not give 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 whether a seaman's contribution to his or their own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court held that lower courts were correct when they determined the seaman had to prove that his contribution to his accident directly caused his injury.
Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same.
FELA in opposition to. Safety Appliance Act
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. fela lawsuits is a significant distinction for injured workers who work in high-risk sectors. After an accident, they will be compensated and maintain their families. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for businesses that manage railroads.
FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. 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 negligence.
Some workers may have difficulty to meet this requirement, especially if a defective piece equipment is involved in causing an accident. This is why having a lawyer who has expertise in FELA cases can be helpful. A lawyer who is familiar with the safety requirements for railroaders and the regulations that govern these requirements can help strengthen the legal case of a worker by giving a solid legal basis.
Some railroad laws that can aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to 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. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is enough to justify a claim for injury under the FELA.
If 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 because of this, they may be entitled compensation. However, the law also states that if the plaintiff contributed to their 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 allow railroad employees and their families to collect substantial damages from injuries caused on the job. This includes compensation for the loss of earnings and benefits, like medical expenses or disability payments, as well as funeral expenses. In addition when an injury results in permanent impairment or death, a claim may be filed for punitive damages. This is to penalize the railroad and deter other railroads from engaging similar conduct.
Congress adopted FELA as a response to the public's anger in 1908 over the shocking rate of fatalities and accidents on railroads. Prior to 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 often left without financial support during the time they were unable to work due to injuries or negligence on the part of the railroad.
Under the FELA, railroad workers who are injured are able to file a claim for damages in state or federal courts. The law eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. The law determines the 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 company violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. This does not require the railroad to prove it was negligent or that it was a contributory cause of 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 lawyer immediately. The right lawyer can help you file your claim and obtain the maximum benefits in the event that you are unable to work due to the injury.