Workers Compensation Vs Federal Employers Liability Act

If workers in high-risk industries are injured, they are generally protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).

In order to recover damages under FELA workers must prove that their injury was caused at least in part by negligence on the part of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between them. These differences are based on the claims process, fault assessment and the kinds of damages awarded in instances of injury or death. Workers' compensation law offers rapid assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at a minimum partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system and provides a trial by jury. It also provides specific rules for determining damages. For example workers can be awarded an amount of compensation that is up to 80 percent of their weekly salary, in addition to medical expenses and a reasonable cost of living allowance. Additionally an FELA suit could also include compensation for pain and suffering.

In order to win a FELA claim the worker must show that the railroad's negligence was a factor in the injury or death. This is a higher requirement than what is required for a successful workers compensation claim. This requirement is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to sue for damages.

As a result of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, however the trains, tracks, railroad yards and machine shops remain some of the most dangerous work environments. This is what makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to protect their employees.

If you are a railway worker who was injured on the job it is imperative to seek legal advice as soon as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation like those for land-based employees. It was modeled on the Federal Employers Liability Act (FELA) which is which protects railroad workers. It was also tailored to meet the needs of maritime employees.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the maximum amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases that involve negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove that their death or injury 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 pain and suffering, past and future loss of earnings capacity and mental distress.

A claim against a seaman in the Jones Act can be brought in an state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws, which are generally legal and do not give the injured employee 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 his or his own injury was subject to a higher standard of proof than the standard for evidence in fela railroad settlements cases. The Court held that the lower courts were right in their decision that a seaman's role in his own accident has to be proved to have directly caused his or her 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 incorrect as they instructed the jury to find Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed that the standard of causation in fela lawyers cases and Jones Act cases should be the exact same.

FELA vs. Safety Appliance Act

Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers working in high-risk industries. After an accident, they can be compensated and maintain their families. The FELA was enacted in 1908 in recognition of the inherent dangers of the work and to establish uniform liability standards for businesses that operate railroads.

FELA requires railroads to provide a safe work 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. In order for an injured worker to succeed in a claim they must prove that their employer acted in breach of their duty of care by failing to provide a safe work environment, and that the injury was directly caused by that inability.

This requirement can be difficult to fulfill for some workers, particularly when a piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. 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 providing a solid legal base.

Certain railroad laws that could strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail companies and, in certain 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 injuries under the FELA.

A common instance of a railroad statute violation is the case where an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured as a result of this, they could be entitled compensation. However, the law stipulates that if the plaintiff contributed to the injury in any way (even even if it was a minor cause), their claim may be reduced.

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws which allow railroad workers and their families to recover substantial damages for injuries sustained during work. This includes compensation for the loss of earnings and benefits, like medical expenses, disability payments, and funeral expenses. In addition, if an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging similar conduct.

Congress approved FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on the railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers when they suffered injuries in the course of their work. Injured railroad workers and their families were often left without financial support during the time they were unable to work because of their injuries or the negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either state or federal court. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them 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 coworkers. The law permits a trial by jury.

If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove it was negligent or that it was a contributing to the cause of an accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you've been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. A good lawyer can assist you in submitting your claim and obtaining the maximum benefits available during the time that you aren't working due to your injury.