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Workers Compensation Vs Federal Employers Liability Act

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

In order to be entitled to damages under FELA workers must prove their injury was caused partly due to negligence on the part of the employer.

Workers' Compensation vs. FELA

While both workers compensation and FELA are laws that provide protections to employees, there are some significant differences between them. These differences are related to the claims process, fault evaluation and the types of damages awarded for death or injury. Workers' compensation law offers rapid assistance to injured workers regardless of who was at fault for the accident. FELA on the other hand demands that claimants prove that their railroad employer was at least partially accountable for their injuries.

In addition, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides the option of a jury trial. It also provides specific rules for determining damages. A worker could receive up to 80% of their average weekly wage as well as medical expenses, as well as a reasonable cost-of-living benefit. A FELA lawsuit may also include compensation for pain and discomfort.

In order to win a FELA claim, a worker must prove that the railroad's negligence was a factor in the injury or death. This is a higher requirement than what is required to win a workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to sue for damages.

Despite the fact that railroad companies have been suing for more than a century, they still employ dangerous equipment and train tracks, as well as in their machine shops, yards, and other work areas. FELA is crucial to ensure the safety of railway workers and to tackle employers' failures in protecting their employees.

If you are a railway worker who has suffered an injury in the course of work it is imperative that you seek legal advice as soon as possible. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click on this link to find a DLC firm in your region.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The law 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 the laws on workers' compensation like those that cover land-based workers. It was modeled on the Federal Employers' Liability Act (FELA), which protects railroad workers. It was also tailored to meet the needs of maritime workers.

Unlike workers' compensation laws which limit the recovery for negligence to a maximum amount of an injured worker's lost wages, the Jones Act provides unlimited liability act fela for maritime plaintiffs in the event of employer negligence. 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 behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future pain and suffering in the past and future, loss of earnings capacity, and mental distress.

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

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 his own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were right in their decision that a seaman's role in his own accident must be shown to have directly contributed to the injury.

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

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a significant distinction for injured workers in high-risk industries. This enables workers to receive compensation for their injuries and also to support their families following an accident. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the work and to establish uniform liability standards for businesses that manage railroads.

FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. In order for an injured worker to prevail in a claim they must show that their employer breached their duty of care by failing to provide a reasonably safe work environment and that the injury was a direct result of that negligence.

Some workers may have difficulty to comply with this requirement, especially when a piece of equipment that is defective is involved in causing an accident. An experienced lawyer who has experience with FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance a worker's case by providing a solid legal basis.

Certain railroad laws that could help workers' 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 instances, their agents (like managers, supervisors, or company executives) must comply with these rules in order to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is sufficient to justify a claim for injury under the FELA.

A common example of railroad statute violations is the case where an automatic coupler or grab iron isn't properly installed or is defective. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt as a result the employee may be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even if it is minimal).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allow railroad workers and their families to recover significant damages for injuries they sustained during work. This includes compensation for the loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is to penalize the railroad and deter other railroads from engaging in similar actions.

Congress passed FELA as a response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Before FELA there was no legal basis for railroad workers to sue their employers for injuries they sustained while on the job. Railroad workers who were injured, and their families, were often left without financial support during the time they were unable work due to accident or negligence of the railroad.

Under the FELA railroad workers who are injured can make a claim for damages in federal or state courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing an approach based on the concept of comparative fault. The act determines a railroader's part of the blame 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 company is found to be in violation of federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove it was negligent, or even that it was a contributing to the cause of an accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. The right lawyer can help you file a claim and obtain the maximum benefits during the time you are unable to work due to the injury.