Workers Compensation Vs Federal Employers Liability Act

When 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 by the Federal Employers' Liability act fela (FELA).

To claim damages under the FELA the victim must demonstrate that their injury was at a minimum, caused through the negligence of the employer.

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA although both laws offer protection to employees. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation law gives rapid assistance to injured workers regardless of who was at fault for the accident. FELA however, on the other hand, requires that claimants demonstrate that their railroad employer was at a minimum partially accountable for their injuries.

FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also has specific rules for the determination of damages. A worker could receive up to 80% their average weekly salary, together with medical expenses and an appropriate cost-of-living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

In order for a worker to be successful in a FELA case they must prove that the railroad's negligence 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 result of the history of FELA. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for large damages when they were injured during their work.

As a result of more than 100 years of FELA litigation, railway companies now regularly implement safer equipment, but trains, tracks, railroad yards and machine shops are some of the most dangerous workplaces. This makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to protect their employees.

If you are a railway worker who has been injured while on the job it is imperative that you seek legal advice as quickly as you can. Contacting a BLET designated legal counsel (DLC) firm is the best way to begin. Click here to find a 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. 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, as they are not covered by the laws on workers' compensation like those that cover land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was 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 death or injury. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering in the past and future, loss of earnings capacity and mental distress.

A suit for a seaman in the Jones Act can be brought in either a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally different approach than most workers' compensation laws, which are generally 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 clarify whether a seaman's contribution to his or her own injury was subject to a more rigorous standard of proof than the standard for evidence in FELA cases. The Court held that the lower courts were correct when they determined that the seaman's involvement in his own accident has to be proven to have directly caused his or her 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 in that they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

Unlike workers' compensation laws, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is a major distinction for injured workers in high-risk industries. This allows them to receive compensation for their injuries as well as maintain their families after an accident. The FELA was enacted in 1908 to recognize the inherent dangers associated with the work and to establish uniform liability standards for businesses that 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 trains and cars to switches, tracks, and other safety gear. To allow an injured worker to be successful in a claim they must show that their employer violated their duty of care by failing to provide a reasonably safe working environment and that the injury occurred as the direct result of the inability.

This requirement may be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why an attorney with experience in FELA cases can be helpful. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a solid legal basis.

Some railroad laws that can help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in certain instances their agents (like managers, supervisors or company executives) must follow these rules to ensure the safety of their employees. Violation of these laws could be considered negligence by itself, which means that a violation of any one of these rules is enough to support an injury claim under FELA.

A typical illustration of a railroad statute violation is the case where an automatic coupler or grab iron isn't correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and if an employee is hurt due to the incident, they may be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even if it is minimal).

FELA vs. Boiler Inspection Act

FELA is a series of federal laws that permit railroad employees and their families to recover significant damages for injuries they caused during work. This includes compensation for loss of earnings and benefits, such as medical costs or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar behavior.

Congress passed FELA in 1908 in response to public outrage over the shocking rate of fatalities and accidents on railroads. Prior to FELA, there was no legal basis for railroad employees to sue their employers when they suffered injuries at work. Injured railroad workers and their families were frequently left without financial support during the period they were unable to work because of their injuries or the negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk by establishing an approach based on comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his or her actions with those of his coworkers. The law also allows for a jury trial.

If a railroad carrier violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove that it was negligent or even that it was a contributing cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.

If you have been injured while working as a railroad worker, you should consult a skilled railroad injury lawyer immediately. The right lawyer can assist you in filing your claim and getting the maximum benefits available for the time you aren't able to work due to the injury.