Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk sectors are injured, they are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).

In order to be entitled to damages under fela railroad settlements workers must prove that their injury was caused at least partly due to negligence on the part of the employer.

FELA vs. Workers' Compensation

There are some differences between workers compensation and FELA while both laws provide protection to employees. These distinctions are related to the claims process, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation laws provide immediate aid 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.

FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system, and also allows a trial with a jury. It also establishes specific rules for the calculation of damages. For example an employee can receive compensation of up to 80 percent of their weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Furthermore an FELA suit could include compensation for pain and suffering.

To win a FELA claim the worker must show that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a higher standard than that required for a successful claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for large damages when they were injured during their employment.

In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, but the railway tracks, trains, yards and machine shops remain one of the most hazardous places to work. FELA is crucial to ensure the safety of railway workers and to correct employers' failures in protecting their employees.

If you are a railway worker who was injured while on the job it is essential that you seek legal advice as soon as you can. The best method to start is to reach out to the designated Legal Counselor from BLET (DLC). Click here to find a BLET-approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law that permits seamen to sue their employers for any injuries or deaths they suffer during work. The law 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 similar to those that protect employees on land. It was modeled after the Federal Employers' Liability Act (FELA), which protects railroad employees. It was also tailored to meet 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 is a law that allows unlimited liability in maritime cases that involve negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages, 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 against a seaman under the Jones Act can be brought either in an state court or a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws, which are usually legal and do not give the injured employee 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 his own injury was subject to a more rigorous standard of proof than the standard for proof in FELA cases. The Court decided that the lower courts were correct when they determined the seaman must prove his role in the accident directly caused his injury.

Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.

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 significant distinction for injured workers in high-risk industries. This enables them to be compensated for their injuries as well as take care of their families following an accident. The FELA that was enacted in 1908 was an acknowledgment of the inherent hazards of the work. It also set up uniform standards for liability.

FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. To be successful, an injured worker must prove that their employer did not fulfill their obligation of care by failing to provide them with a reasonably secure working environment and that their injury resulted directly from this negligence.

Some employees may find it difficult to meet this requirement, particularly when a piece of equipment that is defective is involved in causing an accident. This is why having a lawyer who has experience in FELA cases can be of assistance. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help a worker's case by establishing a solid legal foundation.

Some railroad laws that can help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail corporations and, in some instances, their agents (such as managers, supervisors or company executives) adhere to these regulations to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim for injury under the FELA.

When an automatic coupler, grab iron or other railroad device is not installed correctly or is damaged, this is a common example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured because of it the employee 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 that allow railroad employees and their families to collect substantial damages for injuries that they sustain on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar behavior.

Congress passed FELA as a response to public outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers when they were hurt in the course of their work. Injured railroad workers and their families were often left without adequate financial support during the time they were unable to work due to their injury or the negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with a system based on comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing his actions to those of coworkers. The law also allows for 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 liable for all injuries that result. This does not mean that the railroad to prove it was negligent, or even that it was a contributory to the cause of an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad employee who has suffered an injury and you need to immediately seek out an experienced railroad injury lawyer. The right lawyer can help you file a claim and obtain the maximum benefits for the time you are unable to work due to your injury.