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Workers Compensation Vs Federal Employers Liability Act

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

In order to recover damages under FELA the worker must prove that their injury was caused at least partly due to negligence on the part of the employer.

FELA Vs. Workers' Compensation

While both workers compensation and FELA are laws that provide protection to employees, there are some significant differences between them. These differences are based on the process of filing claims, fault assessment and the kinds of damages awarded in instances of injury or death. Workers' compensation laws provide immediate relief to injured workers regardless of who is 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 permits workers to sue federal courts in lieu of the state workers' compensation system, and allows for a trial by jury. It also provides specific rules for determining damages. For instance workers can be awarded compensation up to 80 percent of their weekly earnings, as well as medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.

For a worker to succeed in a FELA case, they must show that the railroad's negligence played at least a part in the resulting injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to claim damages.

As a result of over a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the railway tracks, trains, yards and machine shops are among the most dangerous work environments. FELA is essential to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.

It is crucial to seek legal advice as soon as you can when you are a railway worker who is injured at work. The best method to start is to reach out to the BLET-approved Legal Counsel (DLC). Click here to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law which allows seamen to sue their employers for injuries or fatalities on the job. It was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, since they are not covered by workers' compensation laws similar to those that protect land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the specific needs of maritime employees.

In contrast to workers' compensation laws 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 the event of employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified including the 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 a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a fundamentally different approach than most workers' compensation laws, which are usually legal and do not give injured employees the right to a jury trial.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subjected to a higher evidence standard than FELA claims. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident has to be proven as having directly caused the injury.

Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to receive compensation for their injuries as well as maintain their families after an accident. The FELA, which was passed in 1908 was a recognition of the inherent hazards of the work. It also set up standardized liability requirements.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. In order for an injured worker to prevail in a lawsuit they must prove that their employer acted in breach of their duty of care by not providing a safe working environment and that the injury occurred as the direct result of this failure.

Some workers may find it difficult to meet this requirement, especially if a defective piece equipment is involved in causing an accident. An experienced lawyer who has experience with FELA claims can be a great help. 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 basis.

Some railroad laws that can help the worker's 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 executives of companies) must adhere to these rules in order to protect their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is sufficient to support an injury claim under FELA.

A common example of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or is defective. If an employee is injured due to this, they may be entitled compensation. The law states 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).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allow railroad employees and their families to collect substantial damages from injuries that they sustain during work. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to penalize railroads for their negligence and discourage other railroads from engaging in similar conduct.

Congress approved FELA in 1908 as a result of public outrage over the appalling rate of accidents and fatalities on railroads. Prior to FELA there was no legal basis for railroad employees to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the time that they could not work due to their injury or the negligence of the railroad.

Under the FELA railroad workers injured may make a claim for damages in state or federal courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his actions with those of his coworkers. The law permits an investigation by jury.

If a railroad carrier 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. The railroad does not need to prove that it was negligent or contribute to an accident. You may also file a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad injury fela lawyer accidents. A good lawyer can help you file your claim and receive the most benefits during the time you are unable to work due to your injury.