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Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that are injured are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA, even though both laws provide protection for employees. These distinctions are related to claims processes as well as fault evaluation, and the types of damages awarded in the event of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad employer is at a minimum partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and allows for a trial by jury. It also has specific rules for the determination of damages. A worker can receive up to 80% of their weekly average wage, plus medical expenses, and a reasonable cost-of-living benefit. Furthermore, a FELA suit could include compensation for pain and suffering.

To win a FELA claim the worker must show that the railroad's negligence was at least a factor in the injury or death. This is a far higher standard than that required for a successful claim under workers' compensation. This is a result of FELA’s history. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for significant damages if they suffered injuries in the course of their employment.

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

If you are a railway employee who was injured in the course of work it is essential that you seek legal advice as soon as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to locate a DLC firm in your region.

FELA vs. Jones Act

The Jones Act is a federal law that permits 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, as they are not covered by workers' compensation laws like those for employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was specifically designed to meet the specific needs of maritime employees.

Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of the 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 death or injury was directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain in the past and future, loss of earnings capacity and mental distress.

A suit for a seaman under the Jones Act can be brought in either a state court or a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct approach than most workers' compensation laws which are usually legal and do not give injured workers the right to a trial by jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injury was subjected to a higher evidence standard than FELA claims. The Court ruled that the lower courts were right when they determined that a seaman's contribution to his own accident has to be proven as having directly caused his or her injury.

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

FELA Vs. Safety Appliance Act

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 industries. This allows them to be compensated for their injuries and to take care of their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for companies who operate railroads.

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 trains and cars to tracks, switches, and other safety gear. In order for an injured worker to succeed in a lawsuit, they must prove that their employer breached their duty of care by failing to provide a reasonably safe work environment, and that the injury occurred as the direct result of that negligence.

This requirement can be a challenge for some workers, especially when a defective piece of equipment is involved in an accident. An attorney with experience in FELA claims can be of great assistance. A lawyer who knows the safety requirements for railroaders, and the regulations that govern these requirements, can strengthen the legal case of a worker by providing a solid legal base.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen the worker's FELA claim. These laws are known as "railway statutes" and require that railroad corporations, and in certain instances, their agents (like managers, supervisors or executives of companies) must comply with these rules in order to protect their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injuries under the FELA.

A typical instance of an infraction to the railroad statute is when an automatic coupler or grab iron isn't properly installed or is defective. If an employee is injured because of this, they could be entitled compensation. However, the law also states that if the plaintiff contributed to the injury in any 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 allows railroad workers and their family members to claim significant damages if they suffer injuries while on the job. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is in order to punish the railroad and deter other railroads from engaging similar behavior.

Congress passed fela claims railroad employees in response to the public's outrage in 1908 over the shocking rate of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained on the job. Railroad workers injured in the line of duty and their families were often left without adequate financial aid during the period they were unable to work due to injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either federal railroad or state court. The law eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker's share of the blame for an accident is determined by comparing his or her actions to those of coworkers. The law allows for an investigation by jury.

If a railroad operator is found to be in violation of federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not have to prove that it was negligent or contribute to an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured on the job as a railroad worker you should consult a skilled railroad injury attorney immediately. The right lawyer will be able to assist you in filing your claim and getting the highest amount of benefits for the time you aren't working due to your injury.