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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 instance, have the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

While both workers compensation and FELA are laws that provide protections to employees, there are a few differences between the two. These differences are related to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded for death or injury. Workers' compensation law gives rapid assistance to injured workers regardless of who is responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at least partially responsible for their injuries.

Additionally, FELA allows workers to sue in federal court instead of the state's workers compensation system. It also provides a jury trial. It also sets specific guidelines for the calculation of damages. For instance, a worker can receive compensation of up to 80 percent of their weekly earnings, as well as medical expenses and an affordable cost of living allowance. Furthermore the FELA suit may include additional compensation for pain and suffering.

To be successful in a FELA claim the worker must show that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher standard than what is required for a successful workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed fela claims railroad employees to improve rail safety by permitting injured workers to sue for damages.

In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, but trains, tracks, railroad yards and machine shops are some of the most dangerous workplaces. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees.

If you are a railway employee who was injured while on the job it is imperative that you seek legal advice as soon as you can. The best way to begin is to contact an approved BLET-approved Legal Counsel (DLC). Click here to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer on the job. The Jones Act was passed in 1920 as a means to protect sailors who are at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was specifically designed to meet the specific requirements of maritime workers.

The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like the suffering and pain, as well as future loss of earning capacity and mental distress, among others.

A claim for compensation by a seaman under the Jones Act may be brought in either a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to workers' compensation laws. Most of these laws are statutes and do not give injured workers the right to a trial by jury.

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

Sorrell was awarded US$1.5 million in compensation 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 decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

Contrary to laws regarding workers' compensation and the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA law, which was passed in 1908 was an acknowledgment of the inherent dangers of the job. It also set up uniform standards for liability.

FELA requires railroads to provide a safe work environment for their employees. This includes the use of repaired and maintained 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 safe working environment, and that their injury resulted directly from this negligence.

Some employees may find it difficult to comply with this requirement, especially in the event that a defective piece of equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims is a great resource. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case by providing a strong legal basis.

Some railroad laws that may 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 instances, their agents (such as supervisors, managers, or company executives), comply with these rules to ensure the safety their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injury under the FELA.

When an automatic coupler, grab iron or other device for railroads is not installed correctly or is damaged it is a typical example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured as a result 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), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allows railroad employees and their families to claim significant damages if they get injured on the job. This includes compensation for loss of earnings and benefits, including medical expenses, disability payments, and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is in order to punish the railroad and discourage other railroads from engaging similar conduct.

Congress approved FELA as a response to the public's anger in 1908 over the shocking number of deaths and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers when they were hurt while on the job. Railroad workers who were injured, and their families, were often left without adequate financial support during the period they were unable to work because of their accident or negligence of the railroad.

Under the FELA, railroad workers injured may make a claim for damages in federal or state courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with a system based on comparative fault. The act determines the railroad worker's share of responsibility for an accident by comparing their actions to those of their coworkers. The law also permits a jury trial.

If a railroad carrier violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. It is not necessary for the railroad to prove it was negligent, or even that it was a cause of an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes.

If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced lawyer for railroad accidents. The right lawyer can help you file your claim and receive the maximum amount of compensation in the event that you are not able to work because of your injury.