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. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).

To recover damages under the FELA the plaintiff must demonstrate that their injury was at least in part caused due to the negligence of their employer.

FELA Vs. Workers' Compensation

While both workers compensation and FELA are laws that offer protection to employees, there are a few differences between them. These distinctions are related to the process of claiming as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad company is at the very least partly responsible for their injuries.

FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system, and also allows a trial with a jury. It also provides specific rules for determining damages. A worker could receive up to 80% of their average weekly salary, as well as medical expenses, and a reasonable cost-of-living benefit. A FELA lawsuit may also include compensation for pain and discomfort.

For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a role in the resulting injury or death. This is a higher standard than that required for a successful workers compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for large damages when they were injured in the course of their job.

Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks as well as in their machine shops, yards, and other workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to safeguard their employees.

It is important that you seek legal advice as quickly as you can if you are railway worker who has been injured while at work. The best way to start is to reach out to an approved BLET-approved Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was enacted in 1920 as a means to safeguard sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was modeled after the federal employers’ liability Employers' Liability Act (FELA) which is which covers railroad employees. It was also crafted to satisfy the needs of maritime workers.

Unlike 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 their 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 including future and past suffering in the past and future, loss of earnings capacity and mental distress.

A claim against a seaman under the Jones Act can be brought in either an state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutes and do not grant injured workers the right to 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 her own injury was subject to a higher standard of proof than the standard of evidence in FELA cases. The Court held 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 for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous as they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases.

FELA vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk fields. This allows them to be compensated for their injuries as well as take care of their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the work and to establish uniform liability standards for businesses that operate railroads.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer violated their duty of responsibility by failing to provide them with a reasonably safe working environment and that their injury resulted directly from the failure.

Some workers may have difficulty to comply with this requirement, particularly if a defective piece equipment is involved in causing an accident. This is why an attorney who has experience in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can improve a worker's case by providing a solid legal foundation.

Certain railroad laws that could 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 some instances their agents (like managers, supervisors or company executives) must adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation can be considered sufficient to support a claim for injuries under the FELA.

If an automatic coupler grab iron or another railroad device isn't installed correctly or is defective, this is a common instance of a railroad law violation. If an employee is injured as a result of this, they may be entitled compensation. The law stipulates that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even when the injury is not severe).

FELA Vs. Boiler Inspection Act

FELA is a set of federal laws which allows railroad workers and their family members to claim significant damages if they suffer injuries while working. This includes compensation for loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging similar actions.

Congress adopted FELA as a response to public outrage in 1908 about the alarming rate of accidents and deaths on railroads. Prior to FELA there was no legal way for railroad workers to sue employers when they suffered injuries on the job. Injured railroad workers and their families were often left without adequate financial assistance during the time they were unable work due to their accident or negligence of the railroad.

Under the FELA railroad workers who are injured can seek damages in state or federal courts. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law permits a trial by jury.

If a railroad operator violates any 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. This does not mean that the railroad to prove it was negligent or even that it was a contributing to the accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured while working as a railroad worker, you should consult a skilled railroad injury attorney immediately. A reputable attorney will be able to assist you in submitting your claim and receiving the maximum benefits available in the time you are not working because of your injury.