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Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who are injured are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.

To be able to claim damages under the FELA the plaintiff must demonstrate that their injury was at least in part caused due to the negligence of their employer.

FELA Vs. Workers' Compensation

While both workers' compensation and FELA are laws that offer protection to employees, there are significant differences between them. These differences relate to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation law gives immediate relief to injured workers regardless of who is at fault for the accident. FELA on the other hand demands that claimants prove that their railroad company was at a minimum partially responsible for their injuries.

In addition, FELA allows workers to sue federal courts, rather than the state's workers' compensation system and provides a jury trial. It also sets specific guidelines for the determination of damages. For instance an employee can receive compensation up to 80 percent of their weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

For a worker to succeed in a FELA case they must prove that the railroad's negligence was at least a part in the death or injury. This is a far higher standard than that required for a successful claim under workers compensation. This is a result of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.

Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks, as well as in their machines shops, yards and other workplaces. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing employers' failures to protect their employees.

If you are a railway worker who has suffered an injury in the course of work, it is crucial to seek legal advice as quickly as possible. The best way to start is to reach out to an approved BLET-approved Legal Counsel (DLC). Click here to locate the DLC firm in your region.

FELA vs. Jones Act


The Jones Act is federal law that permits seamen to sue their employers for injuries or fatalities on the job. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation similar to those that protect employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the unique requirements of maritime workers.

The Jones Act, unlike workers' compensation laws that restrict the amount of compensation for negligence to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by the negligence of an employer's actions. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like the past and present pain and suffering, future loss of earning capacity as well as mental distress, for example.

A claim for compensation by a seaman under the Jones Act may be brought in either a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct method than the majority of workers' compensation laws which are usually statutory and do not afford injured employees the right to a trial by jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subjected to a higher evidence standard than FELA claims. The Court held that lower courts were right when they ruled that the seaman must prove his contribution to his accident directly caused his injury.

Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was solely responsible for the negligence that caused the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same.

FELA Vs. Safety Appliance Act

In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to receive compensation for their injuries and to take care of their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to establish uniform liability standards for companies that operate railroads.

FELA requires that railroads provide a safe workplace for their employees. fela lawyers includes the use of maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. 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 was a direct result of this failure.

Some workers may have difficulty to comply with this requirement, particularly in the event that a defective piece of equipment is involved in causing an accident. A lawyer with experience in FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can improve a worker's case by establishing a solid legal basis.

Some railroad laws that may help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail companies and, in certain cases their agents (such as supervisors, managers, or company executives) must adhere to these rules to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation is enough to support a claim of injuries under the FELA.

A typical example of railroad statute violations is the case where an automatic coupler or grab iron isn't correctly 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 could be entitled to compensation. The law states 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).

FELA Vs. Boiler Inspection Act

FELA is a set of federal laws that permit railroad workers and their families to recover significant damages for injuries they caused while working. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is to punish the railroad and dissuade other railroads from engaging similar behavior.

Congress adopted FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on railroads. Before FELA there was no legal way for railroad workers to sue their employers when they were hurt on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period they were unable to work due to their injuries or negligence on the part of the railroad.

Under the FELA, railroad workers who are injured are able to seek damages in state or federal courts. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law permits the jury to decide on the case.

If a railroad operator violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. The railroad is not required to prove negligence or contribute to an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes.

If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer can help you file your claim and receive the maximum benefits in the event that you are in a position of no work because of the injury.

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