Workers Compensation Vs Federal Employers Liability Act
Workers in high-risk industries who are injured are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).
To claim damages under the FELA, a victim must be able to prove that their injuries were at least partially caused due to the negligence of their employer.
Workers' Compensation vs. FELA
While both workers compensation and FELA are laws that offer protection to employees, there are some significant differences between them. These differences are based on the process of claiming, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was responsible for the accident. FELA requires that claimants show that their railroad company is at the very least partially responsible for their injuries.
Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also allows jurors for trials. It also establishes specific rules for determining damages. For instance, a worker can receive an amount of compensation that is up to 80% of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Additionally, a FELA suit may include additional compensation for pain and suffering.
In order for a worker to be successful in a FELA case, they must show that the railroad's negligence was at least a role in the injury or death. This is a higher requirement than what is required to win a workers compensation claim. This is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages.
Despite the fact that railroad companies have been suing for more than 100 years, they continue to use dangerous equipment and train tracks as well as in their machine shops, yards, and other workplaces. This makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to safeguard their employees.
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FELA vs. Jones Act
The Jones Act is federal law that permits seafarers to sue their employer for any injuries or deaths they suffer while on the job. It was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters because they aren't covered by workers' compensation laws similar to those that protect employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was tailored to address the specific requirements of maritime workers.
The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like the past and present suffering and pain, as well as future loss of earning capacity and mental distress, among others.
A claim by a seaman under the Jones Act may be brought in a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a completely different method than the majority of workers' compensation laws, which are typically legal 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 determine whether the contribution of a seaman to his or their own injury was subject to a higher standard of proof than the standard of evidence in FELA cases. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident must be shown to have directly contributed to his or her injury.
Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was only responsible for the negligence that caused his injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.
FELA in opposition to. Safety Appliance Act
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a significant distinction for injured workers who work in high-risk industries. This enables them to be compensated for their injuries and to support their families following an accident. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses that operate railroads.
FELA requires that railroads provide a safe work environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. 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 resulted directly from this negligence.
Some workers may have difficulty to comply with this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney who has expertise in FELA cases can help. A lawyer who knows the safety requirements for railroaders, as well as the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal foundation.
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws, also known as "railway statues," require that rail corporations, and in some instances, their agents (such as supervisors, managers or company executives) must adhere to these rules to ensure the safety of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is sufficient to justify an injury claim under FELA.
A typical instance of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or has a defect. This is an obvious violation of the Safety Appliance Act, and should an employee be injured because of it, they may be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even when the injury is not severe).
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they suffer injuries on the job. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is to penalize railroads for negligent actions and deter other railroads from engaging in similar actions.
Congress adopted FELA in response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers when they were injured while on the job. Railroad workers injured and their families were frequently left without adequate financial support during the period that they could not 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 assumption of risk by establishing the concept of the concept of comparative fault. The act determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law allows for a trial by jury.
If a railroad carrier violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. This does not require the railroad to prove that it was negligent, or even that it was a contributory cause of an accident. You can also bring a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you've been injured on the job as a railroad worker you must contact a seasoned railroad injury lawyer immediately. The right lawyer can assist you in filing your claim and getting the highest amount of benefits during the time that you aren't able to work due to the injury.