Workers Compensation Vs Federal Employers Liability Act

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

To recover damages under the FELA the plaintiff must prove that their injury was at least partially caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are some differences between workers' compensation and FELA although both laws provide protection for employees. These differences are based on the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of death or injury. Workers' compensation law provides quick aid to injured workers, regardless of who is responsible for the accident. FELA requires that claimants show that their railroad's employer is at the very least partly responsible for their injuries.

FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system and also allows a trial with a jury. It also establishes specific guidelines for the determination of damages. A worker can receive up to 80% of their weekly average wage, together with medical expenses, and an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

To be successful in a FELA claim the worker must show that the railroad's negligence was an element in the cause of injury or death. This is a much higher standard than that required for a successful claim under workers' compensation. This is a result of the FELA's history. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages.

In the wake of more than 100 years of FELA litigation railway companies are now able to implement safer equipment, but railroad tracks, trains, yards and machine shops are some of the most dangerous places to work. FELA is essential to ensure the safety of railway workers and to address employers' negligence in protecting their employees.

If you are a railway employee who was injured on the job it is imperative that you seek legal advice as soon as possible. The best way to start is to reach out to a BLET-approved Legal Counsel (DLC). Click here to find a BLET-approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was passed in 1920 as a means to protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the specific requirements of maritime workers.

In contrast to workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past pain and suffering as well as future and past loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in a state or federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a completely different approach to the majority of workers' compensation laws, which are usually statute-based and do not grant 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 clarify whether a seaman's contribution to his or their own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court held that lower courts were correct when they ruled that the seaman had to prove that his involvement in the accident directly caused his injury.

Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were wrong, as they instructed the jury that Norfolk was only responsible for negligence that directly caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same.

FELA in opposition to. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers in high-risk sectors. This enables them to receive compensation for their injuries and also to support their families following an accident. The FELA, which was passed in 1908, was a recognition of the inherent risks of the job. It also established standardized liability requirements.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by not providing them with a reasonably secure working environment, and that their injury resulted directly from this failure.

Some employees may find it difficult to comply with this requirement, particularly if a defective piece equipment can be the cause of an accident. An attorney with experience in FELA claims can be a great help. A lawyer who knows the safety requirements for railroaders, and the regulations that regulate these requirements, can help strengthen a worker's legal case by providing a solid legal base.

Some railroad laws that can help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as "railway statutes" and require that rail corporations, and in certain instances, their agents (like managers, supervisors or company executives) must comply with these rules to protect their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to support a claim for injury under the FELA.

When an automatic coupler, grab iron, or any other railroad device is not installed properly or is defective This is a common example of a railroad law violation. If an employee is injured due to this, they may be entitled to compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in any way (even if minimal) the claim could be reduced.

FELA Vs. Boiler Inspection Act

FELA is a set of federal laws that permit railroad employees and their families to claim substantial damages for injuries sustained on the job. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim can be made for punitive damages. This is to penalize railroads for their negligence and discourage other railroads from engaging in similar conduct.

Congress adopted FELA as a response to the public's 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 hurt while on the job. Injured railroad workers, and their families, were often left without adequate financial support during the time they were unable work due to their injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The act determines the railroad worker's part of the blame for an accident by comparing their actions to the actions of their coworkers. The law also permits an open trial before a jury.

If a railroad company violates any of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad is not required to prove negligence or contribute to an accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad employee who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. The right lawyer can help you file your claim and receive the most benefits in the event that you are not able to work because of the injury.