Workers Compensation Vs Federal Employers Liability Act
Workers in high-risk industries who are injured are typically protected by laws that require employers to higher standards of safety. Federal Employers’ Liability Act is one example. It protects railroad workers.
To be able to claim damages under FELA workers must prove that their injury was caused at least partially due to negligence on the part of the employer.
FELA against. Workers’ Compensation
While both workers’ compensation and FELA are laws that provide protection to employees, there are some significant differences between them. These distinctions are related to the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of injury or death. Workers’ compensation laws provide immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad’s employer is at least partially responsible for their injuries.
Additionally, FELA allows workers to sue federal courts instead of the state’s worker compensation system. It also allows a jury trial. It also provides specific rules for determining damages. For example an employee can receive compensation of up to 80% of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.
In order to win a fela federal employers liability act claim the worker must show that the railroad’s negligence was at least a factor in the injury or death. This is a far more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a result of the FELA’s past. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to claim damages.
Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. This makes FELA essential for ensuring the safety of all railway workers as well as addressing the failures of employers to safeguard their employees.
It is important that you seek legal advice as soon as you can if are railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click on this link to find a DLC firm in your region.
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 passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, because they aren’t covered by the laws on workers’ compensation similar to those that protect employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the specific needs of maritime employees.
Contrary to the laws governing workers’ compensation which limit the recovery for negligence to a maximum of an injured worker’s lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. Additionally, under the Jones Act, plaintiffs are not required to prove that their injury or death was directly caused by an employer’s negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering as well as future and past loss of earnings capacity and mental distress.
A seaman’s claim under the Jones Act may be brought in either a federal or state 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 workers’ compensation laws. Most of these laws are statutes and do not give injured workers the right to a trial before a jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled the lower courts were right when they ruled that a seaman must prove that his role in the accident directly caused his injury.
Sorrell received US$1.5 million as compensation for his injury. 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 negligence that directly caused the injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.
Safety Appliance Act vs. FELA
Unlike workers’ compensation laws in contrast, the Federal Employers’ Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers working in high-risk industries. This allows them to be compensated for their injuries as well as take care of their families following an accident. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the job and to establish uniform liability standards for companies 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 trains to tracks, switches and other safety gear. To be successful, an injured worker must prove that their employer breached their obligation to them by not providing them with a reasonably secure working environment, and that their injury resulted directly from this negligence.
This requirement may be difficult to fulfill for some workers, particularly when a defective piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by providing a strong legal foundation.
Some railroad laws that may strengthen workers’ FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in some cases, their agents (like managers, supervisors, or company executives) must comply with these rules in order to protect their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of one of these rules is enough to support an injury claim under FELA.
A common instance of railroad statute violations is when an automatic coupler or grab iron isn’t properly installed or is defective. This is clearly a 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 states that if the plaintiff contributed to their injury in some way (even the injury is not severe), 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 significant damages for injuries they that they sustain during work. This includes compensation for the loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. Additionally, if an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging in similar actions.
Congress approved 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 basis for railroad workers to sue employers when they were hurt on the job. Railroad workers injured in the line of duty, and their families, were often denied financial aid during the period they were unable to work due to their injury or negligence by the railroad.
Under the FELA railroad workers injured can make a claim for damages in state or federal courts. The law eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker’s share of the blame for an accident is determined by comparing his or her actions to those of his coworkers. The law permits an investigation by jury.
If a railroad company violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. This does not require the railroad to prove that it was negligent, or even that it was a contributing to the cause of an accident. You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you have been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. The right lawyer can help you file your claim and get the maximum amount of compensation during the time you are not able to work because of your injury.
