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Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that are injured are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.

To be able to claim damages under the FELA the victim must demonstrate that their injury was at least partially caused through the negligence of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that offer protection to employees, there are some significant differences between the two. These differences are based on the process of claiming, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries.

Additionally, FELA allows workers to sue in federal court rather than the state's workers' compensation system and provides the option of a jury trial. It also sets specific rules for determining damages. A worker may receive up to 80% of their average weekly salary, plus medical expenses, as well as an appropriate cost-of-living allowance. Furthermore, a fela lawyer suit could include compensation for pain and suffering.

To be successful in a FELA claim the worker must show that the railroad's negligence was a factor in the injury or death. This is a higher requirement than what is required for a successful workers compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for large damages when they were injured during their employment.

In the wake of more than 100 years of FELA litigation railway companies today regularly implement safer equipment, but trains, tracks, railroad yards and machine shops are among the most dangerous workplaces. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to safeguard their employees.

If you are a railway worker who has suffered an injury in the course of work it is essential to seek legal advice as quickly as possible. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Follow 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 fatalities while on the job. The Jones Act was passed in 1920 to provide a means to protect sailors who are at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the unique needs of maritime employees.

Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their death or injury was directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering as well as future and past loss of earnings capacity and mental distress.

A seaman's claim under the Jones Act may be brought in a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to workers' compensation laws. The majority of these laws are statutory in nature and do not grant injured workers 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 more strict proof standard than in FELA claims. The Court held that the lower courts were right in determining that a seaman's role in his own accident must be proven as having directly caused his or her injury.

Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct, since they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases.

FELA Vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk industries. This allows workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA law, which was passed in 1908 was an acknowledgment of the inherent hazards of the work. It also established uniform standards for liability.

FELA requires railroads to provide a secure working environment for their employees, including the use of well-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 lawsuit, they must prove that their employer violated their duty of care by failing to provide a reasonably safe work environment, and that the injury was directly caused by this negligence.

Some workers may have difficulty to meet this requirement, especially if a defective piece equipment can be the cause of an accident. This is why a lawyer with expertise in FELA cases can be helpful. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements, can strengthen the legal case of a worker by giving a solid legal basis.

Some railroad laws that can strengthen 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 companies and, in certain instances, their agents (such as managers, supervisors, or company executives) adhere to these rules to ensure the safety of 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 typical example of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or is defective. This is an obvious violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law states that the claim of the plaintiff could be reduced when 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 which allow railroad employees and their families to claim substantial damages for injuries that they sustain on the job. This includes compensation for the loss of earnings as well as benefits including medical expenses or disability payments, as well as funeral expenses. In addition, if an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is in order to punish the railroad and deter other railroads from engaging in similar actions.

Congress approved FELA in response to the public's outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Before FELA, there was no legal way for railroad employees to sue their employers when they suffered injuries while on the job. Railroad workers injured and their families were frequently left without adequate financial support during the time they were unable to work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers who suffer injuries may file a claim for damages in federal or state courts. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his or her actions to those of his coworkers. The law also permits an open trial before a jury.

If a railroad company is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not need to prove negligence or contribute to an accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer can help you file a claim and obtain the maximum benefits for the time you are not able to work because of the injury.