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Workers Compensation Vs Federal Employers Liability Act
If workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).
In order to recover damages under FELA workers must prove their injury was caused in part by negligence on the part of the employer.
FELA against. Workers' Compensation
There are some differences between workers' compensation and FELA although both laws provide protection for employees. These differences are based on the claims process, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA, however, requires that claimants demonstrate that their railroad company was at least partly 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 establishes specific guidelines for determining damages. For example an employee can receive compensation up to 80 percent of their average weekly wage, plus medical expenses and an affordable cost of living allowance. Furthermore the FELA suit could also include compensation for pain and suffering.
To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a role in the death or injury. This is a higher standard than what is required to be successful in a claim under workers' compensation. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages.
As a result of over 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, but railroad tracks, trains, yards and machine shops remain some of the most dangerous work environments. FELA is important to ensure the safety of railway workers, and to correct employers' failures 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 possible. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click this link to find an approved DLC firm near you.
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. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters since they are not covered by the laws on workers' compensation like those for employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was designed to meet the specific needs of maritime employees.
The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to a maximum of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages, such as past and present pain and suffering, future loss of earning capacity as well as mental distress, for example.
A claim for compensation by a seaman under the Jones Act may be brought in a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. The majority of these laws are statutory and do not give injured employees the right to a trial before a jury.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subject to a stricter proof standard than in FELA claims. The Court decided that the lower courts were correct when they ruled that the seaman had to prove that his contribution to his accident directly caused his injury.
Sorrell received US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were incorrect in that they told the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.
FELA vs. Safety Appliance Act
Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers in high-risk sectors. After fela lawyer , they are able to be compensated and provide for their families. The FELA law, which was passed in 1908, was an acknowledgement of the inherent hazards of the job. It also established standardized liability requirements.
FELA requires railroads to provide a safe working environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. In order for an injured worker to prevail in a claim they must prove that their employer breached their duty of care by not providing a safe work environment, and that the injury was directly caused by this inability.
This requirement can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that regulate these requirements, can strengthen the legal case of a worker by giving a solid legal basis.
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, also known as "railway statues," require that rail corporations and, in some cases their agents (such as managers, supervisors, or company executives), comply with these regulations to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim of injuries under the FELA.
A typical illustration of railroad statute violations is the case where an automatic coupler or grab iron isn't properly installed or is defective. This is a clear violation of the Safety Appliance Act, and when an employee is injured 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 even if it was a minor cause) the amount they claim will be reduced.
Boiler Inspection Act vs. FELA
FELA is a series of federal laws that permit railroad employees and their families to claim significant damages for injuries they caused while working. This includes compensation for loss of earnings and benefits like medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar actions.
Congress adopted FELA as a response to the public's anger in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal mechanism 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 aid during the time they were unable to work due to their accident or negligence of the railroad.
Under the FELA railroad workers injured are able to file a claim for damages in state or federal courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The law determines the railroad worker's share of responsibility for an accident by comparing their actions to the actions of their coworkers. The law also allows for 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 have to prove negligence or the fact that it caused an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.
If you are a railroad worker who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer will be able to assist you in filing your claim and obtaining the most benefits possible for the time you are not working because of your injury.