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Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that are injured are typically protected by laws which hold employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).

To recover damages under the FELA the plaintiff must be able to prove that their injuries were at a minimum, caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are differences between workers' compensation and FELA although both laws offer protection to employees. These differences are based on the claims process, fault assessment and types of damages awarded in cases of injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who is at fault for the accident. FELA however, on the other hand demands that claimants prove that their railroad company was at a minimum partially accountable for their injuries.

In addition, FELA allows workers to sue federal courts, instead of the state's workers' compensation system and provides jurors for trials. It also has specific guidelines for the calculation of damages. A worker may receive up to 80% of their weekly average wage, together with medical expenses, and a reasonable cost-of-living benefit. Additionally, a FELA suit may include additional compensation for pain and suffering.

In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the resulting injury or death. This is a higher requirement than that required for a successful workers compensation claim. This is a part of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to sue for damages.

As a result of over 100 years of FELA litigation railway companies today regularly implement safer equipment, but the trains, tracks, railroad yards and machine shops are still among the most dangerous workplaces. FELA is crucial to ensure the safety of railway workers and to tackle employers' inability to protect their employees.

If you are a railway employee who has suffered an injury on the job it is essential that you seek legal advice as quickly as possible. The best method to start is to contact the BLET-approved Legal Counsel (DLC). Click on this link to find the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities while on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, as they are not covered by workers' compensation laws like those for land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was specifically designed to meet the specific needs of maritime employees.

Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum of the injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like the past and present suffering and pain, future loss of earning capacity, mental distress, etc.

A claim for a seaman in the Jones Act can be brought either in a state court or a federal employers’ liability act court. In a case brought 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 workers the right to trial before a jury.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injuries was subject to a stricter evidence standard than FELA claims. The Court decided that the lower courts were right when they determined the seaman must prove his involvement in the accident directly caused his injury.

Sorrell received US$1.5 million in 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 the negligence that caused his injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses that operate railroads.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To allow an injured worker to be successful 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 occurred as a direct result of this inability.

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

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are known as "railway statutes" and require that rail corporations, and in certain cases their agents (like managers, supervisors or executives of companies) must comply with these rules to protect their employees. Violation of these laws could be considered negligence by itself, which means that a violation of one of these rules is sufficient to support an injury claim under FELA.

If an automatic coupler, grab iron, or any other railroad device is not installed correctly or is damaged This is a common example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured because of it the employee may be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in any way (even even if it was a minor cause) the claim could be reduced.

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 get injured while on the job. This includes compensation for the loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is to penalize the railroad and deter other railroads from engaging in similar conduct.

Congress adopted FELA in response to the public's anger in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad employees to sue their employers when they suffered injuries on the job. Railroad workers who were injured and their families were frequently left without financial assistance during the time they were unable to work due to their injury or the negligence of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing a system based on comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law allows for an investigation by jury.

If a railroad carrier violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. This does not require the railroad to prove that it was negligent, or even that it was a cause of an accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured on the job as a railroad worker you must contact a seasoned railroad injury lawyer right away. A good lawyer can help you file your claim and obtain the maximum amount of compensation for the time you are not able to work because of the injury.