Workers Compensation Vs Federal Employers Liability Act

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

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

FELA against. Workers' Compensation

While both workers' compensation and FELA are laws that offer protection to employees, there are some significant differences between the two. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages that are awarded in the event of death or injury. Workers' compensation law gives rapid relief to injured workers regardless of who was responsible for the accident. FELA however, on the other hand requires claimants to prove that their railroad company was at a minimum partially accountable for their injuries.

Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also provides a jury trial. It also provides specific rules for determining damage. For example an employee can receive compensation up to 80 percent of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

In order for a worker to be successful in a FELA case they must prove that negligence by the railroad played at least a role in the resulting injury or death. This is a much higher standard than that required to be successful in a claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for large damages if they suffered injuries during their employment.

Despite the fact that railroad companies have been suing for over a century, they still employ dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. FELA is important to ensure the safety of railway workers, and to correct employers' failures in protecting their employees.

If you are a railway worker who was injured on the job it is imperative that you seek legal advice as quickly as you can. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. 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 during work. The Jones Act was passed in 1920 as a way to protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers' Liability Act (FELA), a law that covers railroad employees. It was also designed to meet the needs of maritime employees.

The Jones Act, unlike workers' compensation laws that restrict the amount of negligence compensation to the amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases involving negligence by employers. In addition to this, 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 allows injured seamen to sue their employers to recover damages that are not specified, such as the suffering and pain, future loss of earning capacity as well as mental distress, for example.

A claim by a seaman under the Jones Act may be brought in a state or federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct approach to the majority of workers' compensation laws, which are generally statutory and do not afford injured employees the right to a 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 their own injury was subject to a higher standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were right in their decision that the seaman's involvement in his own accident must be proved to have directly caused the injury.

Sorrell received US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk asserted that the causation standard 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 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, which was passed in 1908, was a recognition of the inherent hazards of the job. It also set up standardized liability requirements.

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

Some workers may have difficulty to comply with this requirement, particularly if a defective piece equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims is a great resource. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by establishing a solid legal foundation.

Certain railroad laws that could aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to 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 could be considered negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim of injury under the FELA.

A typical illustration of railroad statute violations is the case where an automatic coupler or grab iron is not properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and should an employee be injured as a result the employee may be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even even if the injury is minor).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they suffer injuries while on the job. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. In addition, if an injury results in permanent impairment or death, a claim may be made for punitive damages. This is to punish the railroad and dissuade other railroads from engaging in similar conduct.

Congress passed FELA in 1908 as a result of public outrage over the shocking number of fatalities and accidents on railroads. Before fela railroad settlements there was no legal way for railroad workers to sue employers when they suffered injuries in the course of their work. Railroad workers injured in the line of duty and their families were often left without financial assistance during the time they were unable work due to injury or negligence by the railroad.

Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his or her actions to those of coworkers. The law also allows for the possibility of a jury trial.

If a railroad carrier violates any of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not have to prove negligence or the fact that it caused 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 have been injured on the job as a railroad worker you should contact an experienced railroad injury attorney immediately. A reputable attorney can assist you in filing your claim and obtaining the highest amount of benefits during the time that you are not working because of your injury.