Workers Compensation Vs Federal Employers Liability Act

If workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Federal Employers' Liability Act for instance, protects railroad workers.

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

FELA vs. Workers' Compensation

While both workers' compensation and FELA are laws that provide protection to employees, there are a few 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 relief to injured workers regardless of who was responsible for the accident. FELA in contrast demands that claimants prove that their railroad company was at least partly responsible for their injuries.

FELA also permits workers to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also establishes specific guidelines for determining damages. For example workers can be awarded compensation up to 80% of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

To be successful for a worker in a FELA case they must prove that negligence by the railroad played at least a part in the death or injury. This is a higher standard than what is required to be successful in a claim under workers compensation. This is a part of the history of FELA. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to sue for damages.

In the wake of more than 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, however the trains, tracks, railroad yards and machine shops remain some of the most dangerous work environments. FELA is essential to ensure the safety of railway workers, and to address employers' failures in protecting their employees.

It is essential to seek legal counsel as soon as you can when you are a railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click here to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities 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 because they aren't covered by workers' compensation laws similar to those that protect land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was specifically designed to meet the specific requirements of maritime workers.

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

A suit for a seaman under the Jones Act can be brought either in a state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory and do not give injured employees the right to a trial before a 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 her own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court ruled that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be proved as having directly caused his or her injury.

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

FELA in opposition to. Safety Appliance Act

In contrast to the laws governing workers' compensation in contrast, the Federal Employers' employers’ liability Act fela Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk fields. After an accident, they are able to be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish uniform liability standards for companies that manage railroads.

FELA requires railroads to provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. In order for an injured worker to prevail in a lawsuit they must prove that their employer violated their duty of care by failing to provide a safe working environment and that the injury occurred as directly caused by the failure.

Some workers may have difficulty to meet this requirement, particularly in the event that a defective piece of equipment is responsible for causing an accident. This is why a lawyer who has experience in FELA cases can be helpful. A lawyer who is familiar with the safety requirements for railroaders and the regulations that govern these requirements, can help bolster the legal case of a worker by providing a solid legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' fela claims railroad employees claim. These laws are known as "railway statutes" and require that railroad corporations, and in some cases, their agents (like managers, supervisors or company executives) must comply with these rules in order to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injuries under the FELA.

A common illustration of an infraction to the railroad statute is when an automatic coupler or grab iron isn't properly installed or is defective. This is an obvious violation of the Safety Appliance Act, and when an employee is injured as a result the employee may be entitled to compensation. The law states that the claims of the plaintiff can be reduced when they contributed in any way to the injury (even when the injury is not severe).

Boiler Inspection act fela vs. FELA

FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they suffer injuries while working. This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be sought. This is in order to punish the railroad and dissuade other railroads from engaging in similar conduct.

Congress passed FELA in response to the public's outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers injured in the line of duty, and their families, were often left without financial support during the time they were unable work due to their accident or negligence of the railroad.

Under the FELA railroad workers who suffer injuries may file a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. The law determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for a jury trial.

If a railroad operator violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries resulting from the violation. This does not mean that the railroad to prove it was negligent, or even that it was a to the cause of an accident. You can also make a claim for 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 help you file a claim and obtain the maximum amount of compensation for the time you are not able to work because of your injury.