Notes

Federal Employers It's Not As Expensive As You Think
Workers Compensation Vs Federal Employers Liability Act


In high-risk industries, workers 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).

To recover damages under the FELA, a victim must demonstrate that their injury was at a minimum, caused due to the negligence of their employer.

FELA Vs. Workers' Compensation

There are some differences between workers' compensation and FELA although both laws offer protection to employees. These differences relate to claims processes, fault evaluation and the types of damages that are awarded in the event of death or injury. Workers' compensation law offers immediate aid to injured workers, regardless of who is at fault for the accident. FELA, however demands that claimants prove that their railroad company was 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 determining damages. For fela claims , a worker can receive an amount of compensation that is up to 80 percent of their weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.

To win a FELA claim the worker must show that the railroad's negligence was an element in the cause of injury or death. This is a higher requirement than the one required to win a workers' compensation claim. This requirement is a product of FELA’s history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages.

As a result of over 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, however 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 taking action against employers' inability to protect their employees.

It is essential to seek legal advice as soon as you can if you are a railway worker who is injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to find 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 on-the-job injuries and deaths. The Jones Act was passed in 1920 as a way 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 covers railroad workers and was tailored to address the specific needs of maritime employees.

The Jones Act, unlike workers' compensation laws that restrict the amount of compensation for negligence to a maximum of lost wages for injured workers is a law that allows unlimited liability in maritime cases involving negligence by employers. Additionally, under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering as well as future and past loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in a state or federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a distinct approach than most workers' compensation laws which are typically statute-based and do not grant injured workers the right to a jury trial.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or her own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court held that lower courts were right in determining that the seaman had to prove that his involvement in the accident directly caused his injury.

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

Safety Appliance Act vs. FELA

Unlike workers' compensation laws, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they can be compensated and support their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for businesses who operate railroads.

FELA requires railroads to provide a safe working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To allow an injured worker to prevail in a claim they must prove that their employer violated their duty of care by failing to provide a reasonably safe work environment, and that the injury occurred as the direct result of the negligence.

This requirement can be a challenge for some workers, particularly when a piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a strong legal basis.

Some railroad laws that can aid workers' 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 instances their agents (like managers, supervisors or company executives) must adhere to these rules 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 injury under the FELA.

A typical illustration of an infraction to the railroad statute is when 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 due to the incident, they may be entitled to compensation. However, the law also stipulates that if the plaintiff contributed to the injury in some way (even even if it was a minor cause), their claim may be reduced.

FELA in opposition to. Boiler Inspection Act

FELA is a set of federal laws that allows railroad employees and their families to recover substantial damages if they get injured on the job. This includes compensation for loss of earnings and benefits including medical expenses, disability payments, and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar conduct.

Congress approved FELA as a response to the public's outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad employees to sue their employers if they were injured on the job. Injured railroad workers, and their families, were often left without financial aid during the time they were unable to work due to their accident or negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with the concept of comparative fault. The act determines a railroad worker’s share of responsibility for an accident by comparing their actions to those of their coworkers. The law permits an investigation by jury.

If a railroad company violates a federal railroad safety law like 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 that it was negligent or the fact that it caused an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad worker who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. The right lawyer can help you file a claim and receive the maximum benefits for the time you are in a position of no work because of the injury.

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