Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are typically protected by laws that require employers to higher safety standards. Federal Employers' Liability Act, for example, protects railroad employees.
In order to be entitled to damages under FELA, a worker must prove that their injury was caused at least partially due to negligence on the part of the employer.
Workers' Compensation vs. FELA
There are differences between workers' compensation and FELA although both laws provide protection for employees. These differences are based on the claims process, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was at fault for the accident. FELA on the other hand requires claimants to prove that their railroad company was at a minimum partially accountable for their injuries.
FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system and provides a trial by jury. It also sets specific rules for determining damage. For instance, a worker can receive compensation up to 80 percent of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. Additionally the FELA suit could include compensation for pain and suffering.
In order for a worker to be successful in a FELA case, they must show that negligence by the railroad played at least a small part in the death or injury. This is a higher requirement than what is required for a successful workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for large damages when they were injured during their work.
Despite the fact that railroad companies have been suing for over 100 years, they employ dangerous equipment and train tracks as well as in their machine shops, yards, and other work areas. This makes FELA essential for ensuring the safety of all railway workers as well as addressing employers' failures to protect their employees.
If you are a railway worker who has suffered an injury on the job it is essential that you seek legal advice as soon as you can. The best way to start is to contact the designated Legal Counselor from BLET (DLC). Click on this link to locate the DLC firm in your region.
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. It was enacted in 1920 to protect seamen who risk their lives and limb 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 on the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the specific needs of maritime employees.
The Jones Act, unlike workers compensation laws which restrict the amount of negligence compensation to the maximum amount of lost wages for an injured worker, provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act 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 unspecified damages like the past and present suffering and pain, as well as future loss of earning capacity, mental distress, etc.
A claim for compensation by a seaman under the Jones Act may be brought in either a federal employers’ liability or state court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a fundamentally different approach than most workers' compensation laws which are generally legal and do not give injured employees the right to a trial by jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injuries was subject to a stricter proof standard than in FELA claims. The Court decided that the lower courts were right in determining that a seaman's role in his own accident has to be proved to have directly contributed to his or her injury.
Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact 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 major distinction for injured workers in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA was enacted 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, which includes the use of well-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 violated their duty of responsibility by not providing them with a reasonably secure working environment, and that their injury was the direct result of this failure.
Some workers may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective can be the cause of an accident. An attorney with experience in FELA claims is a great resource. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements can help bolster the legal case of a worker by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws, also referred to as "railway statues," require that rail companies and, in certain instances, their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injury under the FELA.
If an automatic coupler grab iron or other railroad device is not installed properly or is defective it is a typical instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law states that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even even if the injury is minor).
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws which allow railroad employees and their families to recover substantial damages for injuries sustained during work. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. Additionally, if an injury causes permanent impairment or death, a claim can be brought for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging similar behavior.
Congress passed 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 mechanism for railroad employees to sue their employers when they suffered injuries at work. Injured railroad workers and their families were often left without financial assistance during the time that they could not work due to their injury or the negligence of the railroad.
Under the FELA, railroad workers injured may file a claim for damages in state or federal courts. The law eliminated 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 share of responsibility for an accident by comparing their actions to those of their coworkers. The law allows for the jury to decide on the case.
If a railroad operator violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not have to prove that it was negligent or the fact that it caused an accident. You may also file an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you are a railroad employee who has been injured or injured, you must immediately contact an experienced lawyer for railroad accidents. The right lawyer can help you file a claim and get the maximum amount of compensation in the event that you are not able to work because of the injury.
Français
English
Deutsch
Español
Italiano
Português