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Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk sectors are injured, they are generally protected by laws that require employers to higher safety standards. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).

To recover damages under the FELA, a victim must be able to prove that their injuries were 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 protections to employees, there are some significant differences between them. These distinctions are related to the process of claiming, fault assessment and 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 was at fault for the accident. FELA requires that claimants demonstrate that their railroad employer is at least partly responsible for their injuries.

FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system and also allows a trial with a jury. It also establishes specific rules for the calculation of damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. Moreover the FELA suit could also include compensation for pain and suffering.

To be successful in a FELA claim the worker must show that the railroad's negligence was at least a factor in the injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This is a part of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for large damages when they were injured during their work.

Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks as well as in their machine shops, yards, and other workplaces. FELA is crucial to ensure the safety of railway workers, and to address employers' inability to protect their employees.

If you are a railway employee who has been injured in the course of work it is imperative that you seek legal advice as soon as you can. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer during work. The Jones Act was enacted in 1920 to provide a means to protect sailors who risk their lives on the high seas or in 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 protects railroad workers, and was specifically designed to meet the specific requirements of maritime workers.

In contrast to workers' compensation laws, which limit recovery for negligence to a maximum of an injured worker's lost wages, 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 in order to recover unspecified damages, such as past and present suffering and pain, future loss of earning capacity and mental distress, among others.

A claim against a seaman under the Jones Act can be brought in the state court or in a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not give injured employees the right to trial before a 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 injury was subject to a stricter standard of proof than FELA claims. The Court held that lower courts were correct in determining that the seaman had to prove that his involvement in the accident directly caused his injury.

Sorrell was awarded 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 wrong in that they told the jury that Norfolk was solely responsible for negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA vs. Safety Appliance Act

Unlike workers' compensation laws and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers who work in high-risk fields. This allows workers to receive compensation for their injuries as well as take care of their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent risks of the job. It also set up standardized liability requirements.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a reasonably safe working environment and that their injury was the direct result of 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. An experienced lawyer who has experience with FELA claims can be of great assistance. A lawyer who understands the safety requirements for railroaders, as well as the regulations that govern these requirements can help bolster a worker's legal case by giving a solid legal basis.

Some railroad laws that may strengthen the 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 rail corporations, and in certain instances their agents (like managers, supervisors or company executives) must adhere to these rules to protect their employees. Violation of these laws could be considered negligence in and of itself, meaning that a violation of one of these rules is enough to justify an injury claim under FELA.

A common illustration of railroad statute violations is the case where an automatic coupler or grab iron is not properly installed or is defective. This is a clear violation of the Safety Appliance Act, and when an employee is injured due to the incident the employee may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in some way (even even if it was a minor cause) the claim could be reduced.

FELA vs. Boiler Inspection Act

FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they get injured while on the job. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim may be made for punitive damages. This is to punish the railroad and discourage other railroads from engaging similar behavior.

Congress approved FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on the railroads. Before FELA there was no legal avenue for railroad workers to sue employers when they were hurt in the course of their work. Railroad workers injured and their families were frequently left without adequate financial support during the time that they could not work because of their injuries or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing his or her actions to those of his coworkers. The law permits the jury to decide on the case.

If a railroad operator is found to be in violation of federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.

If you've been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. A good lawyer can assist you in filing your claim and obtaining the most benefits possible during the time that you are not working due to the injury.