Workers Compensation Vs Federal Employers Liability Act
Workers in high-risk industries who are injured are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad workers.
To be able to claim damages under FELA, a worker must prove 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 protections to employees, there are a few differences between the two. These differences are based on the claims process as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation law provides rapid relief to injured workers regardless of who is at fault for the accident. FELA however, on the other hand requires claimants to prove that their railroad company was at least partially responsible for their injuries.
FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for the calculation of damages. For example workers can be awarded compensation up to 80 percent of their average weekly earnings, as well as medical expenses and an affordable cost of living allowance. Furthermore an FELA suit could also include compensation for pain and suffering.
In order for a worker to be successful in a FELA case they must prove that the railroad's negligence was at least a part in the resulting injury or death. This is a higher standard than what is required for a successful workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.
As a result of more than a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but trains, tracks, railroad yards and machine shops are among the most dangerous places to work. fela lawsuit settlements is important to ensure the safety of railway workers and to address employers' negligence in protecting their employees.
If you are a railway worker who has suffered an injury in the course of work it is imperative to seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to find an approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters as they are not covered by workers' compensation laws similar to those that protect land-based workers. It was modeled after the Federal Employers Liability Act (FELA), which protects railroad employees. It was also designed to accommodate the needs of maritime employees.
The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to a maximum of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering and pain, past and future loss of earnings capacity, and mental distress.
A claim against a seaman under the Jones Act can be brought in a 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 revolutionary approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not grant injured employees the right to trial before a 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 injuries was subjected to a higher proof standard than in FELA claims. The Court decided that the lower courts were correct when they ruled that a seaman must prove that his involvement in the accident directly led to his injury.
Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.
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 working in high-risk sectors. This allows them to be compensated for their injuries as well as maintain their families after an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the work and to establish uniform liability standards for businesses who operate railroads.
FELA requires railroads to provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To be successful an injured worker must demonstrate that their employer has 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 this negligence.
This requirement can be a challenge for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An attorney with experience in FELA claims can be of great assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker, by providing a strong legal basis.
Some railroad laws that can help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail corporations, and in some instances, their agents (such as supervisors, managers or company executives) adhere to these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA.
A common instance of an infraction to the railroad statute 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 because of it the employee may be entitled to compensation. However, the law states that if the plaintiff contributed to the injury in any way (even the injury is not severe) the amount they claim will be reduced.
Boiler Inspection Act vs. FELA
FELA is a series of federal laws which allow railroad employees and their families to recover substantial damages for injuries sustained on the job. This includes compensation for loss of earnings as well as benefits such as medical costs, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is to penalize railroads for their negligence and deter other railroads from engaging in similar behavior.
Congress approved FELA in 1908 due to public outrage at the alarming number of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue employers for injuries they sustained while on the job. Injured railroad workers, and their families, were often denied financial support during the time they were unable to work because of their injury or negligence by the railroad.
Under the FELA railroad workers injured are able to seek damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk with the concept of the concept of comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law also permits the possibility of a jury trial.
If a railroad carrier 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. The railroad does not need to prove negligence or contribute to 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 employee who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer can assist you in submitting your claim and receiving the maximum benefits available during the time that you aren't working due to the injury.