Workers Compensation Vs Federal Employers Liability Act

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

To be able to claim damages under the FELA, a victim must prove that their injury was at least partially caused through the negligence of the 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 claims process, fault assessment and the kinds of damages awarded in instances of death or injury. Workers' compensation law gives quick aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad's employer is at least partly responsible for their injuries.

In addition, FELA allows workers to sue federal courts, rather than the state's workers' compensation system and provides the option of a jury trial. It also sets specific rules for determining damages. For example an employee can receive an amount of compensation that is up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. Furthermore, a FELA suit may include additional compensation for pain and suffering.

To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least a factor in the injury or death. This is a far more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for large damages if they suffered injuries during their job.

In the wake of more than 100 years of FELA litigation, railway companies now regularly implement safer equipment, however the railway tracks, trains, yards and machine shops are among the most dangerous work environments. This is what makes FELA crucial for ensuring safety of all railway workers as well as addressing employers' failures to protect their employees.

If you are a railway employee who was injured while on the job it is essential to seek legal advice as quickly as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find a BLET-approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths during work. It was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by workers' compensation laws like those that cover land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the unique requirements of maritime workers.

Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. Additionally 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 allows injured seamen to sue their employers in order to seek compensation for unspecified damages, such as the past and present suffering and pain, future loss of earning capacity and mental distress, among others.

A claim for compensation by a seaman under the Jones Act may be brought in either a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not grant injured employees the right to a trial before a jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subjected to a higher standard of proof than FELA claims. The Court held that the lower courts were correct in their decision that the seaman's involvement in his own accident has to be shown to have directly caused his or her injury.

Sorrell was awarded US$1.5 million 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 the negligence that caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a significant distinction for injured workers in high-risk industries. This allows them to be compensated for their injuries as well as take care of their families following an accident. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the job and to set up uniform liability standards for companies who operate railroads.

FELA requires railroads to provide a safe working environment for their employees, including the use of properly 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 succeed in a lawsuit they must prove that their employer violated their duty of care by not providing a safe work environment, and that the injury was a direct result of that inability.

This requirement may be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements can help bolster a worker's legal case by providing a solid legal base.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are referred to as "railway statutes" and require that rail corporations, and in some instances, their agents (like managers, supervisors 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, which means that a violation is enough to support a claim of injuries under the FELA.

A common illustration of an infraction to the railroad statute is the case where an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured because of this, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in any way (even the injury is not severe) the claim could be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allow railroad workers and their families to collect substantial damages from injuries that they sustain during work. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. Additionally in the event that an injury results in permanent impairment or death, a claim may be made for punitive damages. This is in order to punish the railroad and deter other railroads from engaging in similar conduct.

Congress adopted FELA in 1908 due to public outrage over the appalling number of fatalities and accidents on railroads. Before fela law firm 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 frequently left without adequate financial support during the time that they were unable to work due to their injury or the negligence of the railroad.

Under the FELA railroad workers injured can file a claim for damages in federal or state courts. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing their actions to those of coworkers. The law allows for an investigation by jury.

If a railroad company violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not mean that the railroad to prove it was negligent or that it was a to the cause of an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad employee who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A good lawyer will be able to assist you in filing your claim and obtaining the highest amount of benefits for the time you are not working due to your injury.