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.
Federal Employers' Liability Act for instance, protects railroad employees.
To be able to claim damages under the FELA the plaintiff must prove that their injury was at least partially caused by the negligence of the employer.
FELA vs. Workers' Compensation
There are differences between workers' compensation and FELA, even though both laws provide protection to employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation law provides rapid relief to injured workers regardless of who is responsible for the accident. FELA however, in contrast, requires that claimants demonstrate that their railroad company was at least partly responsible for their injuries.
In addition, FELA allows workers to sue in federal court instead of the state's worker compensation system. It also allows the option of a jury trial. It also sets specific rules for determining damage. A worker can receive up to 80% their average weekly salary, as well as medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit could also include compensation for discomfort and pain.
In order for a worker to be successful in a FELA case, they must show that negligence by the railroad played at least a role in the resulting injury or death. This is a much more stringent requirement than that needed to be successful in a claim under workers' compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for substantial damages when they were injured during their work.
As a result of over 100 years of FELA litigation railway companies are now able to implement safer equipment, however the railway tracks, trains, yards and machine shops are still among the most dangerous workplaces. FELA is crucial to ensure the safety of railway workers and to correct employers' inability 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. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Follow this link to find an approved DLC firm in your area.
FELA vs. Jones Act
The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths during work. The Jones Act was passed in 1920 to provide a means to protect sailors who risk their lives on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was modeled after the
Federal Railroad Employers' Liability Act (FELA) which was a law that covers railroad workers. It was also designed to accommodate the needs of maritime workers.
The Jones Act, unlike workers compensation laws which restrict the amount of negligence compensation 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 that their injury or death was directly resulted from an employer's negligent conduct. 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 as well as future and past loss of earnings capacity, and mental distress.
A claim by a seaman under the Jones Act may be brought in either a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct approach to the majority of workers' compensation laws which are typically statutory and do not afford injured employees the right to a trial by jury.
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 injuries was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined a seaman must prove that his involvement in the 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 and they had instructed the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk argued 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 crucial distinction for injured workers working 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 was enacted in 1908 to acknowledge the inherent dangers associated with the work and to establish uniform liability standards for companies that operate railroads.
fela federal employers liability act requires that railroads provide a safe work environment for their employees. This includes the use of properly 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 demonstrate that their employer has did not fulfill their obligation of care by failing to provide them with a reasonably secure working environment and that the injury was the direct result of this negligence.
This requirement can be a challenge for some workers, particularly when a piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be a great help. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements can help strengthen the legal case of a worker by providing a solid legal base.
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, referred to as "railway statues," require that rail corporations and, in some cases their agents (such as managers, supervisors or company executives) adhere to these regulations to ensure the safety of their employees. Infractions to these laws could be considered negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim for injuries under the FELA.
An illustration of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or is defective. If an employee is injured as a result of this, they may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even even if the injury is minor).
FELA Vs. Boiler Inspection Act
FELA is a series of federal laws which allow railroad workers and their families to claim substantial damages for injuries sustained while working. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim could be made for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct.
Congress approved FELA in 1908 in response to public outrage over the appalling rate of accidents and fatalities on railroads.