Workers Compensation Vs Federal Employers Liability Act

Workers in high-risk industries who suffer injuries are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).

In order to recover damages under FELA the worker must prove their injury was caused at the very least partly due to negligence on the part of the employer.

FELA Vs. Workers' Compensation

While both workers compensation and FELA are laws that provide protections to employees, there are a few differences between the two. These differences are related to the process of filing claims as well as fault assessment and the types of damages awarded in cases of death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA on the other hand demands that claimants prove 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 workers compensation system. It also provides the option of a jury trial. It also establishes specific rules for the calculation of damages. For example an employee can receive compensation of up to 80% of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. Moreover, a FELA suit could also include compensation for pain and suffering.

For a worker to succeed in a FELA case, they must show that the railroad's negligence played at least a small part in the resulting injury or death. This is a higher standard than that required to win a workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for substantial damages if they suffered injuries in the course of their work.

As a result of more than 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but trains, tracks, railroad yards and machine shops are some of the most dangerous places to work. This is what makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to protect their employees.

It is essential to seek legal advice as quickly as you can when you are a railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to find the DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. 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 the laws on workers' compensation like those for employees on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the unique needs of maritime employees.

The Jones Act, unlike workers' compensation laws that restrict the amount of compensation for negligence to a maximum of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages like the past and present pain and suffering, future loss of earning capacity, mental distress, etc.

A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws which are typically statutory and do not afford injured workers 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 her own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court held that the lower courts were correct in their decision that a seaman's role in his own accident must be shown to have directly contributed to the injury.

Sorrell was awarded US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.

FELA vs. Safety Appliance Act

Contrary to laws regarding workers' compensation and the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers in high-risk sectors. This enables workers to receive compensation for their injuries and to support their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers associated with the job and to establish uniform liability standards for businesses who operate railroads.

FELA requires railroads to provide a safe working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. 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 safe working environment and that the injury was the direct result of the failure.

This requirement can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why having a lawyer who has experience in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker, by providing a solid legal foundation.

Some railroad laws that can aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail corporations and, in some instances, their agents (such as supervisors, managers, or company executives) adhere to these rules to ensure the safety their employees. Violation of these laws could be considered negligence in and of itself, meaning that a violation of any one of these rules is enough to justify a claim for injury under FELA.

A typical instance of railroad statute violations is the case where an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and when an employee is injured because of it they could be entitled to compensation. However, the law also states that if the plaintiff contributed to their 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 set of federal laws that allow railroad workers and their families to claim substantial damages from injuries caused while working. This includes compensation for lost earnings and benefits such as medical expenses, disability payments and funeral costs. In addition, if an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is to penalize railroads for their negligence and deter other railroads from engaging in similar conduct.

Congress passed FELA in 1908 as a result of public outrage at the alarming rate of accidents and fatalities on railroads. Before FELA there was no legal basis for railroad workers to sue their employers if they suffered injuries while on the job. Railroad workers injured and their families were often left without 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 federal or state court. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing a system based on the concept of comparative fault. The law determines a railroader's part of the blame for an accident by comparing their actions to those of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. This does not mean that the railroad to prove it was negligent or that it was a contributing cause of an accident. You can also make an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury lawyer immediately. A good lawyer can assist you in filing your claim and receiving the highest amount of benefits during the time that you aren't able to work because of your injury.