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Workers Compensation Vs Federal Employers Liability Act

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

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

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA, even though both laws provide protection to employees. These differences are related to the process of filing claims, fault assessment and the kinds of damages awarded in instances of death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was responsible for the accident. FELA however, however requires claimants to 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 provides specific rules for determining damages. A worker may receive up to 80% of their average weekly wage as well as medical expenses, as well as a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

In order to win a FELA claim the worker must show that the railroad's negligence was at least an element in the cause of injury or death. This is a more stringent requirement than that needed to be successful in a claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to sue for damages.

Despite the fact that railroad companies have been suing for more than a century, they still use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. FELA is essential to ensure the safety of railway workers and to tackle employers' failures in protecting their employees.

If you are a railway employee who was injured in the course of work it is imperative that you seek legal advice as quickly as possible. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Click this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law that permits seamen to sue their employers for injuries or deaths while on the job. The Jones Act was passed in 1920 as a means to safeguard sailors who put their lives at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the unique needs of maritime employees.

The Jones Act, unlike workers compensation laws, which restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers and provides 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 caused by an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like past and present suffering and pain, future loss of earning capacity, mental distress, etc.

A suit for seamanship under the Jones Act can be brought in either a state court or a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely different approach to the majority of workers' compensation laws which are usually statutory and do not afford injured employees the right to a jury trial.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury was subject to a stricter standard of proof than FELA claims. The Court held that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be shown to have directly contributed to the injury.

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

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 crucial distinction for injured workers working in high-risk fields. This enables them to receive compensation for their injuries and also to take care of their families following an accident. The FELA was enacted in 1908 in recognition of the inherent dangers of the work and to establish uniform liability standards for companies that manage railroads.

FELA requires that railroads offer a safe working 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 allow an injured worker to prevail in a lawsuit they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe work environment and that the injury was a direct result of this failure.

Some workers may have difficulty to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. This is why having a lawyer with expertise in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can enhance a worker's case by establishing a solid legal foundation.

Certain railroad laws that could help the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail corporations, and in some cases their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is sufficient to justify a claim for injury under the FELA.

A common illustration of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured as a result of this, they could be entitled compensation. The law stipulates that the claim of the plaintiff could 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 series of federal laws that permit railroad workers and their families to recover substantial damages for injuries that they sustain on the job. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. Additionally, if an injury results in permanent impairment or death, a claim can be made for punitive damages. This is to punish the railroad and dissuade other railroads from engaging in similar conduct.

Congress passed FELA in response to the public's outrage in 1908 over the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers when they suffered injuries at work. Railroad workers who were injured and their families were often left without financial aid during the time they were unable work because of their injury or negligence by the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with a system based on the concept of comparative fault. The act determines a railroad worker’s part of the blame for an accident by comparing their actions with those of their coworkers. The law also permits the possibility of a jury trial.

If a railroad carrier violates any of the federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is 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 a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.

If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury attorney immediately. A reputable attorney will be able to assist you in submitting your claim and obtaining the highest amount of benefits in the time you are not working due to your injury.