Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk industries are injured, they are usually protected by laws that hold employers to higher safety standards. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).
In order to be entitled to damages under FELA workers must prove their injury was caused partially 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 claims process, 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 prove that their railroad company is at a minimum partly responsible for their injuries.
FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system and provides a trial by jury. It also has specific rules for the determination of damages. For example, a worker can receive an amount of compensation that is up to 80 percent 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 be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a role in the resulting injury or death. This is a far higher standard than what is required to be successful in a claim under workers compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for significant damages if they were injured during their job.
Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. This makes FELA crucial for ensuring safety of all railway workers as well as addressing the failures of employers to safeguard their employees.
It is essential to seek legal counsel as soon as you can if are railway worker who has been injured at work. The best way to start is to reach out to the BLET designated Legal Counsel (DLC). Click here to find the DLC firm in your region.
FELA vs. Jones Act
The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer while on the job. It 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 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 specifically designed to meet the unique requirements of maritime workers.
The Jones Act, unlike workers compensation laws, which limit the amount of negligence recovery to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. fela lawsuit settlements does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including past and present pain and suffering, future loss of earning capacity and mental distress, among others.
A seaman's claim under the Jones Act may be brought in either a state or federal court. The plaintiffs in a suit filed under the Jones Act have the right to a jury trial. This is a distinct approach than most workers' compensation laws which are generally legal and do not give injured workers the right to a trial by jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury was subjected to a higher proof standard than in FELA claims. The Court decided that the lower courts were right when they ruled that a seaman must prove that his involvement in the accident directly caused his injury.
Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong in that they told the jury that Norfolk was only responsible for the negligence that caused the injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.
Safety Appliance Act vs. FELA
In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is a crucial distinction for injured workers working in high-risk fields. After an accident, they are able to be compensated and support their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses that manage railroads.
FELA requires railroads to provide a secure working environment for their employees, including the use of properly maintained and repaired 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 violated their duty of responsibility by failing to provide them with a reasonably secure working environment and that their injury was the direct result of the failure.
This requirement can be difficult to meet for some workers, particularly 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 understands the safety requirements for railroaders and the regulations that govern these requirements can help bolster the legal case of a worker by providing a solid legal foundation.
Some railroad laws that may strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail companies and, in certain cases their agents (such as managers, supervisors, or company executives), comply with these rules to ensure the safety of their employees. Violation of these laws could be considered negligence by itself, which means that a violation of one of these rules is enough to justify a claim for injury under FELA.
An example of a railroad statute violation is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured as a result of this, they may be entitled to compensation. However, the law stipulates that if the plaintiff contributed to the injury in some way (even the injury is not severe) the claim could be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they suffer injuries while working. 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 could also be claimed. This is to punish the railroad and discourage other railroads from engaging in similar actions.
Congress approved FELA as a response to the public's outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad employees to sue their employers if they were injured while on the job. Railroad workers injured in the line of duty, and their families, were often left without adequate financial aid during the time they were unable work because of their injuries or negligence on the part of the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either federal or state 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 law determines the railroad worker's part of the blame for an accident by comparing their actions to the actions of their coworkers. The law also permits an open trial before a jury.
If a railroad company violates the federal railroad safety law, 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 contributing to the accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you are a railroad worker who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad accidents. A good lawyer will be able to assist you in submitting your claim and obtaining the maximum benefits available in the time you are not working due to the injury.