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Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that suffer injuries 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 be able to claim damages under FELA, a worker must prove that their injury was caused at the very least partly due to negligence on the part of the employer.

Workers' Compensation vs. FELA

There are some differences between workers' compensation and FELA while both laws offer protection to employees. These differences are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation laws provide immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants show that their railroad employer is at a minimum partially responsible for their injuries.

Additionally, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also allows a jury trial. It also establishes specific rules for determining damage. For example, a worker can receive compensation of up to 80 percent of their weekly earnings, as well as medical expenses and an appropriate 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 prove that negligence by the railroad played at least a part in the injury or death. This is a more stringent requirement than that needed for a successful claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for significant damages if they were injured in the course of their work.

As a result of over a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but the railroad tracks, trains, yards and machine shops are still one of the most hazardous places to work. FELA is essential to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.

It is important that you seek legal counsel as soon as you can if you are a railway worker who has been injured at work. The best method to start is by contacting a BLET-approved Legal Counsel (DLC). Click this link to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer 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, because they aren't covered by the laws on workers' compensation like those for land-based employees. It was modeled on the Federal Employers Liability Act (FELA), which protects railroad employees. It was also tailored to satisfy the needs of maritime employees.

The Jones Act, unlike workers compensation laws, which restrict the amount of negligence compensation to the maximum amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove their death or injury was directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages like past and present pain and suffering, future loss of earning capacity and mental distress, among others.

A claim against seamanship under the Jones Act can be brought either in an 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 fundamentally new approach to workers' compensation laws. Most of these laws are statutory in nature and do not grant injured workers the right to trial before a jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in fela lawyers claims. The Court ruled the lower courts were right in determining that the seaman had to prove that his role in the accident directly caused his injury.

Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct, 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.

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 significant distinction for injured workers in high-risk sectors. After an accident, they can be compensated and support their families. The FELA that was enacted 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 maintained and repaired equipment. This includes everything from cars and trains to switches, tracks, and other safety gear. In order for an injured worker to be successful in a claim they must prove that their employer violated their duty of care by failing to provide a safe work environment, and that the injury occurred as a direct result of the inability.

Some workers may find it difficult to meet this requirement, especially if a defective piece equipment is responsible for causing an accident. An attorney with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker by providing a strong legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could 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 company executives) must comply with these rules in order to protect their employees. Violation of these laws could be considered negligence per se, meaning that a violation of any one of these rules is enough to support an injury claim under FELA.

If an automatic coupler grab iron or other railroad device is not installed properly or is defective it is a typical instance of a lawful railroad violation. If an employee is injured because of this, they could be entitled compensation. However, the law states that if the plaintiff contributed to the injury in any way (even even if it was a minor cause) the amount they claim will be reduced.

FELA Vs. Boiler Inspection Act

FELA is a set of federal employers’ liability laws which allow railroad workers and their families to collect significant damages for injuries they caused on the job. This includes compensation for loss of earnings as well as benefits such as medical costs or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is a way to penalize railroads for negligent actions and discourage other railroads from engaging in similar actions.

Congress adopted FELA as a response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal way for railroad workers to sue employers when they were hurt in the course of their work. Railroad workers who were injured and their families were often left without financial assistance during the time they were unable to work due to their accident or negligence of the railroad.

Under the FELA railroad workers who are injured are able to make a claim for damages in state or federal courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing their actions with those of his coworkers. The law allows for a trial 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 becomes strictly liable for all injuries that result. The railroad is not required to prove that it was negligent or that it contributed to an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.

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