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Workers Compensation Vs Federal Employers Liability Act

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

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

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that provide protections to employees, there are a few differences between the two. These differences are related to the claims process, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who was at fault for the accident. FELA however, in contrast, requires that claimants demonstrate that their railroad employer was at a minimum partially responsible for their injuries.

FELA also allows workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also establishes specific rules for the determination of damages. For example an employee can receive compensation of up to 80% of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Moreover, a FELA suit may include additional compensation for pain and suffering.

In order to win a FELA claim the worker must show that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a higher standard than that required for a successful 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 permitting workers to sue for substantial damages if they suffered injuries in the course of their employment.

As a result of over 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but the railway tracks, trains, yards and machine shops remain one of the most hazardous places to work. This 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 has suffered an injury while on the job, it is crucial that you seek legal advice as quickly as you can. The best way to start is by contacting an approved BLET-approved Legal Counsel (DLC). Click on this link to locate a DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, as they are not covered by workers' compensation laws like those for land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the unique needs of maritime employees.

The Jones Act, unlike workers compensation laws which limit the amount of compensation for negligence to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering as well as future and past loss of earnings capacity and mental distress.

A seaman's claim under the Jones Act may be brought in either a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory and do not give 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 for evidence in FELA cases. The Court held that the lower courts were correct in determining that a seaman's contribution to his own accident must be proven to have directly caused his or her injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was solely responsible for the negligence that caused the injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.

FELA vs. Safety Appliance Act

Contrary to laws regarding workers' compensation in contrast, the federal employers’ Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers who work in high-risk fields. After an accident, they will be compensated and support their families. The FELA, which was passed in 1908, was a recognition of the inherent dangers of the work. It also set up standardized liability requirements.

FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful, an injured worker must show that their employer did not fulfill their obligation of care by failing to provide them with a safe working environment, and that their injury was the direct result of the failure.

This requirement may be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why an attorney who has experience in FELA cases can help. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can improve a worker's case by providing a solid legal foundation.

Certain railroad laws that could strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and mandate that rail corporations, and in some cases, their agents (like managers, supervisors or company executives) must adhere to these rules in order to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is enough to support a claim of injuries under the FELA.

When an automatic coupler, grab iron, or any other railroad device is not installed properly or is defective it is a typical instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt because of it the employee may be entitled to compensation. However, the law also states that if the plaintiff was a contributor to the injury in some way (even the injury is not severe), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that permit railroad employees and their families to collect substantial damages from injuries that they sustain on the job. This includes compensation for loss of earnings and benefits, like medical expenses as well as disability benefits and funeral expenses. Additionally in the event that an injury results in permanent impairment or death, a claim may be filed for punitive damages. This is to penalize the railroad and dissuade other railroads from engaging similar behavior.

Congress approved FELA as a 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 their employers when they suffered injuries in the course of their work. Injured railroad workers and their families were often left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad.

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

If a railroad carrier violates a federal railroad safety statute like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. This does not mean that the railroad to prove that it was negligent or even that it was a contributing to the accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. A good lawyer will be able to assist you in filing your claim and obtaining the maximum benefits available for the time you are not working due to your injury.