Olivia Mouton asked 6 days ago
Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk sectors are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for instance are covered under the Federal Employers’ Liability Act (FELA).
To claim damages under the FELA the plaintiff must demonstrate that their injury was at least in part caused due to the negligence of their employer.
Workers’ Compensation vs. FELA
While both workers’ compensation and FELA are laws that offer protection to employees, there are some significant differences between the two. These differences are based on the process of filing claims, fault assessment and types of damages that are awarded in the event of injury or death. Workers’ compensation laws provide immediate aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants show that their railroad company is at least partly responsible for their injuries.
FELA also permits plaintiffs to sue federal courts on behalf of the state workers’ compensation system and allows for a trial by jury. It also sets specific rules for determining damage. For example, a worker can receive an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.
To be successful in a FELA claim the worker must show that the railroad’s negligence was at the very least an element in the cause of injury or death. This is a higher standard than the one required for a successful workers compensation claim. This requirement is a product of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to sue for damages.
In the wake of more than 100 years of FELA litigation railway companies today regularly adopt and deploy safer equipment, but the railroad tracks, trains, yards and machine shops remain some of the most dangerous work environments. FELA is essential to ensure the safety of railway workers and to address employers’ failures in protecting their employees.
It is essential to seek legal counsel as soon as you can when you are railway worker who has been injured while at work. The best method to start is to reach out to an approved BLET designated Legal Counsel (DLC). Click this link to find an approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The law was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters, since they are not covered by workers’ compensation laws like those that cover employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers and was designed to meet the unique requirements of maritime workers.
In contrast to workers’ compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured worker’s lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer’s negligent conduct. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like the past and present suffering and pain, future loss of earning capacity and mental distress, among others.
A suit for seamanship under the Jones Act can be brought in either an state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to the laws governing workers’ compensation. Most of these laws are statutory and do not grant injured workers the right to trial by 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 their own injuries was subjected to a higher standard of proof than FELA claims. The Court held that the lower courts were right when they determined that the seaman’s involvement in his own accident has to be proven as having directly caused his or her injury.
Sorrell received 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 as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in fela accident attorney cases and Jones Act cases should be exactly the same.
Safety Appliance Act vs. FELA
Contrary to laws regarding workers’ compensation in contrast, the Federal Employers’ Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA that was enacted in 1908, was an acknowledgment of the inherent hazards of the work. It also established uniform standards for liability.
FELA requires that railroads provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. 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 their injury was the direct result of this failure.
Some workers may find it difficult to meet this requirement, particularly if a defective piece equipment is responsible for causing an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements, can help bolster a worker’s legal case by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker’s FELA claim. These laws are known as “railway statutes” and mandate that rail corporations, and in certain instances, their agents (like managers, supervisors or executives of companies) must comply with these rules in order to protect their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is sufficient to support a claim for injuries under the FELA.
A common example of railroad statute violations is when an automatic coupler or grab iron is not properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result they could be entitled to compensation. However, the law also states that if the plaintiff contributed to their injury in some way (even if minimal) the amount they claim will be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws which allows railroad employees and their family members to recover substantial damages if they get injured while on the job. This includes compensation for the loss of earnings and benefits, including medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is to punish the railroad and discourage other railroads from engaging in similar conduct.
Congress approved FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on railroads. Before FELA, there was no legal basis for railroad employees to sue their employers if they were injured while on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period they were unable to work due to their injury or the negligence of the railroad.
Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing a system based on comparative fault. This means that the railroad worker’s share of the blame for an accident is determined by comparing his actions to those of coworkers. The law permits a trial by jury.
If a railroad operator violates any of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. It is not necessary for the railroad to prove it was negligent or that it was a contributing to the accident. You can also bring an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you are a railroad worker who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. The right lawyer can help you file your claim and receive the most benefits during the time you are in a position of no work because of your injury.