Workers Compensation Vs Federal Employers Liability Act
In high-risk industries, workers who are injured are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA).
In order to recover damages under FELA, a worker must prove their injury was caused in part by 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 a few differences between them. These differences relate to the claims process, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partially responsible for their injuries.
FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and provides a trial by jury. It also has specific rules for the calculation of damages. For instance, a worker can receive compensation of up to 80% of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. Furthermore an FELA suit could also include compensation for pain and suffering.
For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a role in the resulting injury or death. This is a higher standard than what is required for a successful claim under workers' compensation. This is a part of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for substantial damages when they were injured in the course of their employment.
In the wake of more than a century of FELA litigation railway companies are now able to implement safer equipment, but the railway tracks, trains, yards and machine shops are still some of the most dangerous workplaces. This makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees.
It is important that you seek legal advice as soon as you can if are a railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to find a DLC firm in your area.
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 limb on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those that cover land-based workers. It was modeled on the Federal Employers Liability Act (FELA) which was which protects railroad workers. It was also tailored to satisfy the needs of maritime employees.
The Jones Act, unlike workers compensation laws which restrict the amount of compensation for negligence to the amount of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's conduct. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including the past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.
A suit for a seaman in the Jones Act can be brought in an state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a revolutionary approach to the workers' compensation laws. The majority of these laws are statutory and do not give injured employees 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 their own injuries was subjected to a higher standard of proof than FELA claims. The Court ruled that the lower courts were correct when they determined that a seaman's contribution to his own accident must be proven to have directly caused the injury.
Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous in that they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the injury. Norfolk asserted 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 led to injuries. This is a major distinction for injured workers in high-risk industries. This allows them to be compensated for their injuries and also to maintain their families after an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for businesses that operate railroads.
FELA requires railroads to provide a safe working environment for their employees, including the use of properly 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 prove that their employer breached their obligation to them by not providing them with a reasonably secure working environment, and that their injury was the direct result of this failure.
This rule can be difficult to fulfill for some workers, especially when a defective piece of equipment is involved in an accident. This is why having a lawyer with expertise in FELA cases can be of assistance. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that regulate these requirements, can strengthen the legal case of a worker by giving a solid legal basis.
Some railroad laws that can strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and mandate that rail corporations, and in certain cases, their agents (like managers, supervisors or company executives) must adhere to these rules to protect their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is sufficient to justify a claim for injuries under the FELA.
A common instance of an infraction to the railroad statute is when an automatic coupler or grab iron is not correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and if an employee is hurt due to the incident they could be entitled to compensation. However, the law also stipulates 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 set of federal laws that allow railroad employees and their families to recover substantial damages for injuries caused on the job. This includes the compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. In addition, if an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is a way to penalize the railroad for negligent acts and discourage other railroads from engaging in similar actions.
Congress adopted FELA as a response to the public's outrage in 1908 at the shocking rate of accidents and deaths on railroads. Prior to fela lawyers there was no legal avenue for railroad workers to sue employers when they suffered injuries while on the job. Railroad workers injured and their families were often left without adequate financial assistance during the time they were unable to work due to their injury or the negligence of the railroad.
Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his actions to those of his coworkers. The law also allows for an open trial before a jury.
If a railroad company violates one of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove negligence or contribute to an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.
If you've been injured on the job as a railroad worker, you should contact an experienced railroad injury lawyer immediately. The right lawyer will be able to assist you in submitting your claim and getting the highest amount of benefits during the time that you are not working because of your injury.