Workers Compensation Vs Federal Employers Liability Act
Industries with high risk of injury that are injured are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.
To claim damages under the FELA, a victim must prove that their injury was at a minimum, caused through the negligence of the employer.
FELA Vs. Workers' Compensation
There are differences between workers' compensation and FELA while both laws offer protection to employees. railroad injury fela lawyer 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 laws provide immediate aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad's employer is at a minimum partially responsible for their injuries.
Additionally, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides jurors for trials. 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 earnings, as well as medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.
To win a FELA claim, a worker must prove that the railroad's negligence was a factor 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 is a result of the FELA's history. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for large damages if they suffered injuries during their work.
As a result of over 100 years of FELA litigation railway companies are now able to implement safer equipment, however the railway tracks, trains, yards and machine shops are one of the most hazardous places to work. FELA is crucial to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.
If you are a railway employee who has suffered an injury on the job it is imperative to seek legal advice as quickly as you can. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click on this link to find the DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that allows seafarers to sue their employers for injuries or fatalities while on the job. The Jones Act was enacted in 1920 as a means to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike employees who work on land. It was modeled after the Federal Employers Liability Act (FELA) which was a law that covers railroad employees. It was also crafted to accommodate the needs of maritime workers.
Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. 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 seek compensation for unspecified damages including the past and present pain and suffering, future loss of earning capacity, mental distress, etc.
A claim against a seaman in the Jones Act can be brought in an 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 completely different approach than most workers' compensation laws, which are typically legal and do not give injured workers the right to a trial by 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 injury was subject to a more strict proof standard than in FELA claims. The Court ruled the lower courts were right in determining that the seaman must prove his involvement in the accident directly caused his injury.
Sorrell was awarded US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.
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 significant distinction for injured workers who work in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA was enacted in 1908 to acknowledge the inherent dangers associated with the work and to establish uniform liability standards for businesses who operate railroads.
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 trains to tracks, switches, and other safety equipment. To be successful an injured worker must prove that their employer breached their obligation to them by failing to provide them with a safe working environment and that their injury was the direct result of the failure.
Some workers may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective is involved in causing an accident. This is why an attorney who has experience in FELA cases can be helpful. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by establishing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen the worker's FELA claim. These laws, referred to as "railway statues," require that rail companies and, in certain cases their agents (such as managers, supervisors or company executives) must adhere to these regulations 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 sufficient to justify a claim for injury under FELA.
A typical instance of railroad statute violations is when an automatic coupler or grab iron isn't properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and should an employee be injured as a result the employee may be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even if it is minimal).
FELA in opposition to. Boiler Inspection Act
FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they get injured while working. This includes compensation for loss of earnings and benefits such as medical costs, disability payments, and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim can be made for punitive damages. This is a way to penalize railroads for negligent actions and deter other railroads from engaging in similar actions.
Congress approved FELA as a response to public outrage in 1908 over the shocking rate of fatalities and accidents on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers injured in the line of duty and their families were often left without financial assistance during the time they were unable work because of their accident or negligence of the railroad.
Under the FELA railroad workers injured may make a claim for damages in state or federal courts. The act abolished defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law also permits a jury trial.
If a railroad operator 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. The railroad does not have to prove negligence or the fact that it caused an accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A qualified lawyer can assist you file a claim and obtain the maximum amount of compensation for the time you are not able to work because of the injury.