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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 safety standards. Federal Employers' Liability Act for instance, protects railroad workers.

To claim damages under the FELA, a victim must prove that their injury was at least partially 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 distinctions are related to claims processes as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation laws offer immediate relief to injured workers, regardless of who is at fault for the accident. FELA, however requires claimants to prove that their railroad company was at least partly accountable for their injuries.

Additionally, FELA allows workers to sue in federal court instead of the state's worker compensation system. It also provides a jury trial. It also establishes specific rules for determining damages. For instance, a worker can receive compensation of up to 80 percent of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Additionally, a FELA suit could also include compensation for pain and suffering.

For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the death or injury. This is a higher standard than what is required to win a workers' compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to seek damages.

As a result of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but railway tracks, trains, yards and machine shops are still one of the most hazardous workplaces. This makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to safeguard their employees.

It is important that you seek legal counsel as soon as you can if are railway worker who has been injured while at work. The best method to start is to reach out to an approved designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law that permits seafarers to sue their employer for injuries or fatalities while on the job. The law was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation like those for employees on land. It was modeled after the Federal Employers' Liability Act (FELA), which protects railroad employees. It was also tailored to satisfy the needs of maritime employees.

Contrary to the laws governing workers' compensation which limit the recovery 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. In addition, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering and pain as well as future and past loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in either a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to the laws governing workers' compensation. Most of these laws are statutes and do not grant injured workers 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 if a seaman’s involvement in their own injury was subjected to a higher standard of proof than FELA claims. The Court ruled the lower courts were correct when they ruled that the seaman must prove his role in the accident directly led to his injury.

Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were not correct in that they told the jury that Norfolk was only responsible for the negligence that caused his injury. Norfolk argued 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, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they will be compensated and provide for their families. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to establish standard liability requirements for companies that manage railroads.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To allow an injured worker to prevail 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 was directly caused by the negligence.

Some workers may have difficulty to meet this requirement, especially when a piece of equipment that is defective can be the cause of an accident. This is why having a lawyer who has experience in FELA cases can be helpful. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by providing a solid legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws are known as "railway statutes" and require that railroad corporations, and in certain cases their agents (like managers, supervisors or company executives) must comply with these rules in order to protect their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of one of these rules is enough to support an injury claim under FELA.

When an automatic coupler, grab iron, or any other device for railroads is not installed properly or is damaged, this is a common example 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 contributed in any way to the injury (even even if the injury is minor).

FELA Vs. Boiler Inspection Act

FELA is a set of federal laws that allows railroad workers and their family members to claim substantial damages if they get injured while working. This includes compensation for the loss of earnings as well as benefits including medical expenses, disability payments, and funeral expenses. In addition when an injury causes permanent impairment or death, a claim can be made for punitive damages. This is intended to punish railroads for their negligence and discourage other railroads from engaging in similar conduct.

Congress approved FELA in response to the public's anger in 1908 at the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal basis for railroad workers to sue their employers when they suffered injuries in the course of their work. Railroad workers who were injured and their families were often left without financial support during the time they were unable to work because of their injuries or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either state or federal employers liability act court. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing a system based on comparative fault. The act determines a railroad worker’s share of responsibility for an accident by comparing their actions with the actions of their coworkers. The law also permits an open trial before a jury.

If a railroad carrier violates one of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. It is not necessary for the railroad to prove it was negligent, or even that it was a contributing to the cause of an accident. You may also file an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you've been injured while working as a railroad worker, you should contact an experienced railroad injury attorney immediately. A good lawyer can help you file a claim and receive the maximum amount of compensation for the time you are in a position of no work because of your injury.