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Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who are injured are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.

In order to be entitled to damages under FELA, a worker must prove that their injury was caused partly due to negligence on the part of the employer.

FELA vs. Workers' Compensation

There are differences between workers compensation and FELA although both laws provide protection for employees. 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 law provides immediate aid to injured workers, regardless of who was responsible for the accident. FELA, on the other hand demands that claimants prove that their railroad employer was at least partially responsible for their injuries.

FELA also permits workers to sue federal employers’ courts on behalf of the state workers' compensation system, and allows for a trial by jury. It also has specific rules for the calculation of damages. For instance, a worker can receive an amount of compensation that is up to 80 percent of their average weekly wage, plus medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain.

For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a part in the injury or death. This is a far more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for large damages if they were injured during their work.

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 yards, machine shops, and other workplaces. This is what makes FELA important for ensuring the safety of all railway workers and addressing the failures of employers to protect their employees.

It is crucial to seek legal advice as soon as you can when you are railway worker who has been injured while at work. The best way to start is to reach out to an approved designated Legal Counselor from BLET (DLC). Follow this link to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. 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, because they aren't covered by workers' compensation laws like those that cover land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the unique requirements of maritime workers.

The Jones Act, unlike workers compensation laws, which limit the amount of negligence recovery to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past pain and suffering as well as future and past loss of earnings capacity, and mental distress.

A suit for seamanship under the Jones Act can be brought in either a state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a completely different approach to the majority of workers' compensation laws, which are generally statutory and do not afford the injured employee the right to a jury trial.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injury was subject to a stricter proof standard than in FELA claims. The Court decided that the lower courts were correct in their decision that a seaman's role in his own accident must be shown as having directly caused his or her injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were incorrect in that they told the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA Vs. Safety Appliance Act

Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers in high-risk sectors. This enables them to be compensated for their injuries as well as support their families following an accident. The FELA was enacted in 1908 to acknowledge the inherent dangers of the job and to set up standard liability requirements for companies that manage railroads.

FELA requires that railroads provide a safe workplace for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful an injured worker must demonstrate that their employer has breached their obligation to them by not providing them with a reasonably safe working environment and that their injury resulted directly from the failure.

Some workers may find it difficult to comply with this requirement, especially in the event that a defective piece of equipment is involved in causing an accident. This is why having a lawyer who has expertise in FELA cases can be of assistance. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker by providing a solid legal basis.

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 rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to protect their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of one of these rules is sufficient to support an injury claim under FELA.

An illustration of railroad statute violations is the case where an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured as a result of this, they may be entitled compensation. The law provides that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even if it is minimal).

FELA vs. Boiler Inspection Act

FELA is a series of federal laws which allow railroad workers and their families to claim significant damages for injuries they sustained on the job. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. In addition in the event that an injury results in permanent impairment or death, a claim can be made for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar behavior.

Congress approved FELA in response to the public's outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Before FELA there was no legal basis for railroad employees to sue their employers when they were injured at work. Injured railroad workers 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.

Under the FELA railroad workers injured may make a claim for damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing a system based on comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law allows for the jury to decide on the case.

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. This does not mean that the railroad to prove that it was negligent or even that it was a to the cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.

If you are a railroad employee who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. A qualified lawyer can assist you file a claim and obtain the maximum amount of compensation in the event that you are in a position of no work because of the injury.