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Workers Compensation Vs Federal Employers Liability Act

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

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

FELA Vs. Workers' Compensation

There are differences between workers compensation and FELA, even though both laws provide protection for employees. These distinctions are related to the process of claiming, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation laws provide immediate aid to injured workers, regardless of who is at fault for the accident. FELA however, in contrast requires claimants to prove that their railroad company was at a minimum partially responsible for their injuries.

Additionally, FELA allows workers to sue federal courts, rather than the state's workers' compensation system and provides the option of a jury trial. It also has specific guidelines for determining damages. For instance, a worker can receive an amount of compensation that is up to 80% of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Furthermore an FELA suit may include additional compensation for pain and suffering.

In order for a worker to be successful in a FELA case, they must show that negligence by the railroad played at least a part in the death or injury. This is a higher standard than that required for a successful workers' compensation claim. This is a part of the FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to sue for damages.

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

It is crucial to seek legal advice as quickly as you can when you are railway worker who has been injured while at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click this link to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was passed in 1920 as a way to safeguard sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike employees who work on land. It was modeled after the Federal Employers' Liability Act (FELA) which was which protects railroad employees. It was also designed to satisfy the needs of maritime workers.

Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages like the past and present suffering and pain, as well as future loss of earning capacity and mental distress, among others.

A claim for compensation by a seaman under the Jones Act may be brought in either a federal or state court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a revolutionary approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not give injured workers the right to trial before a jury.

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

Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they will be compensated and maintain their families. The FELA that was enacted in 1908, was an acknowledgement of the inherent dangers of the job. It also established uniform standards for liability.

FELA requires railroads to provide a safe work environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to tracks, switches and other safety gear. 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 this failure.

Some workers may have difficulty to meet this requirement, particularly in the event that a defective piece of equipment is responsible for causing an accident. This is why a lawyer who has experience in FELA cases can be of assistance. A lawyer who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can help bolster a worker's legal case by giving a solid legal basis.

Some railroad laws that can strengthen 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 mandate that rail corporations, and in some cases their agents (like managers, supervisors or company executives) must adhere to these rules in order to protect their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim for injury under the FELA.


A common example of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or has a defect. This is an obvious violation of the Safety Appliance Act, and when an employee is injured as a result they could be entitled to compensation. fela lawyers stipulates that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even when the injury is not severe).

FELA vs. Boiler Inspection Act

FELA is a set of federal laws that allows railroad workers and their family members to claim significant damages if they are injured on the job. This includes compensation for loss of earnings and benefits, like medical expenses or disability payments, as well as funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to punish the railroad and discourage other railroads from engaging similar behavior.

Congress approved FELA 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 mechanism for railroad employees to sue their employers if they were injured on the job. Railroad workers who were injured and their families were frequently left without adequate financial assistance during the time that they could not work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers injured may make a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system 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 his coworkers. The law also allows for an open trial before a jury.

If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. The railroad does not need to prove negligence or that it contributed to an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. The right lawyer can assist you in filing your claim and receiving the highest amount of benefits in the time you aren't working due to your injury.

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