Workers Compensation Vs Federal Employers Liability Act
Workers in high-risk industries who are injured are usually protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).
In order to be entitled to damages under FELA workers must prove that their injury was caused at the very least partially due to negligence on the part of the employer.
Workers' Compensation vs. FELA
While both workers' compensation and FELA are laws that offer protection to employees, there are significant differences between them. These differences are related to claims processes, fault evaluation and the types of damages awarded for death or injury. Workers' compensation law offers immediate relief to injured workers regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad employer is at the very least partly responsible for their injuries.
FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system, and also allows a trial with a jury. It also sets specific guidelines for the determination of damages. A worker may receive up to 80% of their weekly average wage, plus medical expenses, and a reasonable cost-of-living benefit. A FELA lawsuit could also include compensation for discomfort and pain.
For a worker to succeed in a FELA case they must prove that the railroad's negligence was at least a small part in the injury or death. This is a higher requirement than that required to win a workers compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.
As a result of over 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, however the railway tracks, trains, yards and machine shops are still one of the most hazardous places to work. FELA is important to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.
It is important that you seek legal advice as quickly as you can if you are railway worker who has been injured at work. The best way to start is to reach out to a BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm near you.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer while on the job. It was passed 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 the laws on workers' compensation like those for land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was designed to meet the specific requirements of maritime workers.
Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering in the past and future, loss of earnings capacity and mental distress.
A suit for seamanship under the Jones Act can be brought in either the state court or in a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws, which are usually legal and do not give injured workers the right to a 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 his or his own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court ruled that the lower courts were correct when they determined that a seaman's role in his own accident must be proven to have directly contributed to his or her injury.
Sorrell was awarded US$1.5 million for his injuries. 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 victim's injury. Norfolk argued 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 enables railroad employees to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers working in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA law, which was passed in 1908 was an acknowledgement of the inherent risks of the job. It also established uniform liability standards.
FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To be successful, an injured worker must show that their employer breached their obligation to them by failing to provide them with a reasonably secure working environment, and that their injury was the direct result of this failure.
This rule can be difficult to meet for some workers, particularly when a defective piece of equipment is involved in an accident. This is why an attorney who has experience in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders and the regulations that regulate these requirements, can help strengthen a worker's legal case by providing a solid legal foundation.
Some railroad laws that may strengthen a 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 companies and, in certain 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 in and of itself, meaning that a violation of one of these rules is sufficient to support an injury claim under FELA.
If an automatic coupler, grab iron or other device for railroads is not installed correctly or is damaged it is a typical example of a railroad law violation. If an employee is injured because of this, they could be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in any way (even if minimal) the amount they claim will be reduced.
FELA Vs. Boiler Inspection Act
FELA is a set of federal laws that permit railroad workers and their families to recover substantial damages for injuries sustained during work. This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. Additionally, if an injury causes permanent impairment or death, a claim could be made for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging in similar behavior.
Congress adopted FELA in response to public outrage in 1908 over the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers for injuries they sustained while on the job. Railroad workers injured and their families were frequently 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 assumption of risk by establishing an approach based on comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing their actions to those of his coworkers. The law also permits an open trial before a jury.
If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. fela claims railroad employees does not need to prove negligence or the fact that it caused an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes.
If you are a railroad employee who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. The right lawyer can assist you in submitting your claim and getting the highest amount of benefits during the time that you are not working due to the injury.