10 Misconceptions That Your Boss May Have About Federal Employers
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, have the Federal Employers' Liability Act (FELA).
To claim damages under the FELA the victim must prove that their injury was at a minimum, caused through the negligence of the employer.
FELA against. Workers' Compensation
While both workers compensation and FELA are laws that offer protection to employees, there are a few differences between the two. These distinctions are related to the process of claiming as well as fault assessment and the types of damages that are 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 prove that their railroad's employer is at least partially responsible for their injuries.
Additionally, FELA allows workers to sue in federal court rather than the state's workers' compensation system and provides jurors for trials. It also establishes specific rules for determining damage. A worker may receive up to 80% their average weekly salary, as well as medical expenses, as well as an appropriate cost-of-living allowance. Additionally, a FELA suit could include compensation for pain and suffering.
To be successful for a worker in a FELA case they must prove that the railroad's negligence played at least a part in the death or injury. This is a higher level than the one required to win a workers' compensation claim. This is a part of the FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to claim damages.
Despite the fact that railroad companies have been suing for more than 100 years, they employ dangerous equipment and train tracks, as well as in their machines shops, yards and other work areas. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing employers' failures to safeguard their employees.
It is crucial to seek legal counsel as soon as you can when you are railway worker who is injured at work. The best way to begin is to reach out to a 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 permits seafarers to sue their employer for injuries or deaths during work. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters since they are not covered by workers' compensation laws like those that cover employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the specific needs of maritime employees.
The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain in the past and future, loss of earnings capacity and mental distress.
A seaman's claim under the Jones Act may be brought in either a federal or state court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally different method than the majority of workers' compensation laws which are generally statutory and do not afford injured employees the right to a jury trial.
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 evidence than the standard of evidence in FELA cases. The Court held that the lower courts were correct in their decision that a seaman's role in his own accident has to be proven as having directly caused his or her injury.
Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the victim's 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 caused injuries. This is a crucial distinction for injured workers working in high-risk industries. This enables them to be compensated for their injuries and also to support their families following an accident. The FELA that was enacted in 1908 was an acknowledgement of the inherent risks of the job. It also set up uniform standards for liability.
FELA requires railroads to provide a secure 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 gear. 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 safe working environment and that the injury was the direct result of this negligence.
Some employees may find it difficult to comply with this requirement, especially when a piece of equipment that is defective is involved in causing an accident. This is why an attorney who has experience in FELA cases can be helpful. 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 basis.
Certain railroad laws that could aid 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 instances, their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to protect their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation is enough to justify a claim for injury under the FELA.
A common instance of a railroad statute violation is the case where an automatic coupler or grab iron isn't correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and when an employee is injured due to the incident the employee may be entitled to compensation. However, the law also states that if the plaintiff contributed to the injury in some way (even even if it was a minor cause), their claim may be reduced.
Boiler Inspection Act vs. FELA
FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they are injured while working. This includes compensation for loss of earnings and benefits including medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to penalize the railroad and discourage other railroads from engaging similar actions.
Congress passed FELA in 1908 in response to public outrage over the shocking number of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad employees to sue their employers if they suffered injuries while on the job. Railroad workers who were injured and their families were often left without financial assistance during the time that 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 employers’ court. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative blame. The law determines a railroad worker’s portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law also permits an open trial before a jury.
If a railroad carrier violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad injury fela lawyer does not need to prove that it was negligent or the fact that it caused an accident. You can also make a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.
If you are a railroad worker who has been injured and you need to immediately seek out an experienced railroad injury lawyer. A reputable attorney will be able to assist you in submitting your claim and receiving the highest amount of benefits in the time you aren't able to work because of the injury.