Workers Compensation Vs Federal Employers Liability Act

If workers in high-risk industries 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).

To be able to claim damages under the FELA the plaintiff must be able to prove that their injuries were at least in part caused due to the negligence of their employer.

FELA vs. Workers' Compensation

There are differences between workers' compensation and FELA while both laws provide protection for employees. These differences are related to the process of claiming, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad employer is at a minimum partly responsible for their injuries.

FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for determining damage. A worker can receive up to 80% of their average weekly salary, plus medical expenses, as well as a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for pain and discomfort.

To be successful for a worker in a FELA case they must prove that the railroad injury fela lawyer's negligence was at least a small part in the injury or death. This is a far higher standard than that required for a successful claim under workers compensation. This requirement is a product of the FELA's history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for substantial damages when they were injured in the course of their employment.

In the wake of more than a century of FELA litigation, railway companies now regularly implement safer equipment, but the railroad tracks, trains, yards and machine shops are still one of the most hazardous work environments. This is what makes FELA crucial for ensuring safety of all railway workers and taking action against employers' inability to protect their employees.

If you are a railway employee who was injured while on the job, it is crucial that you seek legal advice as quickly as you can. The best way to begin is to reach out to a BLET designated Legal Counsel (DLC). Click this link to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law that permits seafarers to sue their employer for any injuries or deaths they suffer while on the job. The Jones Act was enacted in 1920 as a way to safeguard sailors who are at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was modeled on the Federal Employers' Liability Act (FELA) which was a law that covers railroad employees. It was also crafted to meet the needs of maritime workers.

Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like the suffering and pain, future loss of earning capacity, mental distress, etc.

A claim by a seaman under the Jones Act may be brought in a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a completely different approach than most workers' compensation laws, which are typically statutory and do not afford injured employees 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 their own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court ruled the lower courts were right in determining 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 injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation and the federal employers’ liability Employers' Liability Act enables railroad workers to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and maintain their families. The FELA was enacted in 1908 to recognize the inherent dangers associated with the job and to establish uniform liability standards for companies who operate railroads.

FELA requires that railroads provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. To allow an injured worker to be successful in a lawsuit, they must prove that their employer violated their duty of care by failing to provide a safe work environment and that the injury occurred as the direct result of this negligence.

This requirement may be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why having a lawyer who has expertise in FELA cases can be helpful. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by providing a strong legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws, referred to as "railway statues," require that rail corporations, and in some instances, their agents (such as supervisors, managers, or company executives) must adhere to these rules 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 sufficient to support a claim for injuries under the FELA.

When an automatic coupler, grab iron or other railroad device is not installed correctly or is defective This is a common instance of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured as a result the employee may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in some way (even if minimal) the amount they claim will be reduced.

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws that allow railroad employees and their families to claim significant damages for injuries they that they sustain while working. This includes compensation for loss of earnings as well as benefits such as medical costs, disability payments, and funeral expenses. Additionally when an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct.

Congress approved FELA in response to the public's outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis 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 assistance during the time they were unable work due to accident or negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk with a system based on comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad company violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove it was negligent or that it was a cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.

If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer will be able to assist you in submitting your claim and receiving the maximum benefits available for the time you aren't able to work because of the injury.