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Workers Compensation Vs Federal Employers Liability Act
When workers in high-risk industries are injured, they are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA).
To claim damages under the FELA the plaintiff must be able to prove that their injuries were at a minimum, caused by the negligence of the employer.
Workers' Compensation vs. FELA
While both workers' compensation and FELA are laws that offer protections to employees, there are significant differences between the two. These differences relate to claims processes as well as fault evaluation, and the types of damages that are awarded in the event of death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA, however demands that claimants prove that their railroad company was at least partly responsible for their injuries.
FELA also allows plaintiffs to sue federal employers’ liability act courts instead of the state workers' compensation system, and also allows a trial with a jury. It also sets specific rules for determining damages. A worker could receive up to 80% of their average weekly wage as well as medical expenses, and an appropriate cost-of-living allowance. A FELA lawsuit could also include compensation for pain and discomfort.
In order to win 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 more stringent requirement than that needed for a successful claim under workers' compensation. This requirement is a product of the history of FELA. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for significant damages if they suffered injuries in the course of their job.
As a result of over a century of FELA litigation railway companies today regularly implement safer equipment, but trains, tracks, railroad yards and machine shops are one of the most hazardous work environments. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to protect their employees.
It is essential to seek legal advice as quickly as you can if are a railway worker who has been injured while at work. The best way to begin is to contact the BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law that allows seafarers to sue their employer for injuries or fatalities on the job. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws similar to those that protect land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the unique needs of maritime employees.
Unlike workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified, such as the past and present suffering and pain, as well as future loss of earning capacity as well as mental distress, for example.
A claim by a seaman under the Jones Act may be brought in either a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally different approach than most workers' compensation laws which are generally statute-based and do not grant injured employees the right to a jury trial.
In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injury was subject to a stricter standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined that a seaman's contribution to his own accident must be shown to have directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect in that they told the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.
FELA in opposition to. Safety Appliance Act
Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk sectors. This allows workers to receive compensation for their injuries as well as take care of their families following an accident. The FELA that was enacted in 1908, was an acknowledgement of the inherent dangers of the job. It also established uniform liability standards.
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 show that their employer breached their obligation to them by not providing them with a reasonably safe working environment and that their injury was the direct result of this failure.
Some workers may have difficulty to comply with this requirement, especially in the event that a defective piece of equipment is involved in causing an accident. This is why having a lawyer with experience in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a strong legal foundation.
Some railroad laws that can aid workers' 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 managers, supervisors, or company executives) adhere to these rules to ensure the safety 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 of injury under the FELA.
An example of railroad statute violations is when an automatic coupler or grab iron is not properly installed or is defective. If an employee is injured due to this, they could be entitled to compensation. However, the law states that if the plaintiff contributed to their injury in any way (even the injury is not severe) the claim could be reduced.
FELA in opposition to. Boiler Inspection Act
FELA is a series of federal laws which allow railroad employees and their families to collect significant damages for injuries they that they sustain during work. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be claimed. This is to penalize the railroad and dissuade other railroads from engaging in similar behavior.
Congress approved FELA in response to the public's anger in 1908 over the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers when they were hurt while on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period that they were unable to work due to their injury or the negligence of the railroad.
Under the FELA railroad workers injured are able to make a claim for damages in federal or state courts. The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with the concept of comparative fault. The act determines a railroader's part of the blame for an accident by comparing their actions to those of their coworkers. The law also permits an open trial before a jury.
If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove that it was negligent or that it was a contributing to the cause of an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.
If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury fela lawyer injury lawyer right away. The right lawyer can help you file a claim and get the most benefits in the event that you are unable to work due to your injury.