Workers Compensation Vs Federal Employers Liability Act

Workers in high-risk industries who are injured are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).

To claim damages under the FELA the plaintiff must be able to prove that their injuries were at a minimum, caused through the negligence of the employer.

FELA vs. Workers' Compensation

While both workers compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These distinctions are related to the claims process as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was at fault for the accident. FELA, however, requires that claimants demonstrate that their railroad company was at least partly accountable for their injuries.

In addition, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also allows jurors for trials. It also establishes specific guidelines for the determination of damages. For instance an employee can receive compensation of up to 80 percent of their weekly salary, in addition to medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.

To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher standard than that required for a successful workers compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for significant damages when they were injured during their work.

As a result of over 100 years of FELA litigation railway companies today regularly adopt and deploy safer equipment, but the railroad tracks, trains, yards and machine shops are among the most dangerous work environments. This makes FELA important for ensuring the safety of all railway workers as well as addressing employers' failures to protect their employees.

It is essential to seek legal advice as quickly as you can if are a railway worker who has been injured while at work. The best way to begin is to contact a BLET designated Legal Counsel (DLC). Click here to locate the DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal employers’ liability act law that permits seafarers to sue their employer for injuries or deaths while on the job. The Jones Act was passed in 1920 as a means to protect sailors who are at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the unique requirements of maritime workers.

Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum of the injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages including past and present pain and suffering, future loss of earning capacity and mental distress, among others.

A claim for seamanship under the Jones Act can be brought in either the state court or in a federal court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a fundamentally different method than the majority of workers' compensation laws, which are usually statute-based and do not grant injured employees the right to a trial by jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury was subjected to a higher proof standard than in FELA claims. The Court held that the lower courts were right when they determined that a seaman's role in his own accident has to be proven to have directly contributed to the injury.

Sorrell was awarded 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 wrong in that they told the jury that Norfolk was only responsible for the negligence that caused the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers who work in high-risk fields. This enables them to be compensated for their injuries as well as maintain their families after an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to establish standard liability requirements for companies who operate 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 trains to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by not providing them with a reasonably safe working environment and that their injury was the direct result of the failure.

This rule can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. A lawyer who understands the safety requirements for railroaders, and the regulations that govern these requirements, can strengthen a worker's legal case by providing a solid legal foundation.

Some railroad laws that can 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 some instances their agents (like managers, supervisors, or company executives) must comply with these rules to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injuries under the FELA.

If an automatic coupler grab iron or other railroad device is not installed properly or is defective, this is a common example of a railroad law violation. If an employee is injured as a result of this, they could be entitled to compensation. The law provides 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 series of federal laws which allow railroad workers and their families to collect substantial damages from injuries caused during work. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar actions.

Congress approved FELA in response to the public's anger in 1908 at the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers for injuries they sustained while on the job. Railroad workers injured in the line of duty, and their families, were often left without adequate financial assistance during the period they were unable to work due to accident or negligence of the railroad.

Under the fela law firm railroad workers who are injured can 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 the concept of comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions to the actions of their coworkers. The law permits the jury to decide on the case.

If a railroad company violates one of the federal employers’ liability railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove that it was negligent, or even that it was a cause of an accident. You can also make a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad employee who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad accidents. The right lawyer can help you file a claim and obtain the most benefits in the event that you are not able to work because of your injury.