Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.

To be able to claim damages under fela railroad settlements workers must prove that their injury was caused at least in part by negligence on the part of the employer.

FELA vs. Workers' Compensation

While both workers' compensation and FELA are laws that provide protections to employees, there are a few differences between them. These differences are based on the process of filing claims, fault assessment and types of damages that are awarded in the event of death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at least partly responsible for their injuries.

FELA also permits workers to sue federal courts on behalf of the state workers' compensation system and also allows a trial with a jury. It also sets specific guidelines for the determination of damages. For instance an employee can receive compensation up to 80% of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Moreover, a FELA suit could include compensation for pain and suffering.

For a worker to succeed in a FELA case, they must show that the railroad's negligence played at least a role in the resulting injury or death. This is a much higher standard than that required for a successful claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for large damages if they suffered injuries during their employment.

As a result of over 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, however the railroad tracks, trains, yards and machine shops remain among the most dangerous workplaces. FELA is crucial to ensure the safety of railway workers and to address employers' inability to protect 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 while at work. The best way to begin is by contacting a BLET designated Legal Counsel (DLC). Click on this link to find a DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law that allows seafarers to sue their employer for injuries or deaths during work. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, since they are not covered by workers' compensation laws like those that cover land-based workers. 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 negligence recovery to a maximum of lost wages for an injured worker is a law that allows unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering and pain in the past and future, loss of earnings capacity, and mental distress.

A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. Most of these laws are statutes and do not give injured employees the right to trial before a jury.

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 higher standard of proof than the standard of proof in FELA cases. The Court decided that the lower courts were correct when they determined that a seaman's role in his own accident has to be shown to have directly contributed to his or her injury.

Sorrell received 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, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers who work in high-risk industries. After an accident, they are able to be compensated and maintain their families. The FELA was passed in 1908 to recognize the inherent dangers associated with the work and to establish standard liability requirements for companies that manage railroads.

FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has did not fulfill their obligation of care by failing to provide them with a safe working environment, and that their injury resulted directly from this failure.

Some workers may have difficulty to meet this requirement, particularly when a piece of equipment that is defective can be the cause of an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements, can help bolster the legal case of a worker by providing a solid legal foundation.

Some railroad laws that may help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in certain cases, their agents (like managers, supervisors, or company executives) must adhere to these rules to protect their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA.

When an automatic coupler, grab iron, or any other railroad device is not installed correctly or is defective, this is a common instance of a railroad law violation. If an employee is injured due to this, they could be entitled compensation. The law stipulates that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even when the injury is not severe).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they suffer injuries on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to penalize the railroad and dissuade other railroads from engaging similar conduct.

Congress adopted FELA in response to the public's anger in 1908 over the shocking rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue employers for injuries they sustained while on the job. Railroad workers injured and their families were frequently left without financial assistance during the time that they could not work because of their injuries or the negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with a system based on comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law also allows for an open trial before a jury.

If a railroad carrier violates one of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove that it was negligent or the fact that it caused an accident. You can also bring a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury attorney immediately. A qualified lawyer can assist you file your claim and get the maximum benefits in the event that you are not able to work because of your injury.