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Workers Compensation Vs Federal Employers Liability Act

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

To be able to claim damages under FELA, a worker must prove their injury was caused at least in part by negligence on the part of the employer.

FELA against. Workers' Compensation

There are differences between workers' compensation and FELA, even though both laws provide protection to employees. These distinctions are related to the process of claiming as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation law offers immediate aid to injured workers, regardless of who is responsible for the accident. FELA requires that claimants show that their railroad employer is at a minimum partially responsible for their injuries.

FELA also permits workers to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also provides specific rules for determining damage. For example workers can be awarded compensation of up to 80 percent of their weekly wage, plus medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

To be successful for a worker in a FELA case, they must show that the railroad's negligence was at least a small part in the resulting injury or death. This is a higher requirement than the one required to win a workers' compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages.

In the wake of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment, however the railroad tracks, trains, yards and machine shops remain some of the most dangerous places to work. FELA is essential to ensure the safety of railway workers, and to address employers' failures in protecting their employees.

fela lawsuit settlements is essential to seek legal counsel as soon as you can when you are a railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Follow this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act


The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. It was enacted in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws similar to those that protect land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was specifically designed to meet the specific needs of maritime employees.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to the amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers to recover unspecified damages including the suffering and pain, future loss of earning capacity as well as mental distress, for example.

A claim against seamanship under the Jones Act can be brought either in an state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutes and do not grant injured workers the right to a trial before a jury.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subject to a stricter evidence standard than FELA claims. The Court ruled that the lower courts were right in their decision that a seaman's role in his own accident must be proved to have directly contributed to his or her injury.

Sorrell was awarded US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial 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 victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

FELA vs. Safety Appliance Act

Unlike workers' compensation laws, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers working in high-risk industries. After an accident, they are able to be compensated and support their families. The FELA law, which was passed in 1908 was a recognition of the inherent hazards of the job. It also set up uniform standards for liability.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to tracks, switches, and other safety equipment. To allow an injured worker to succeed in a claim, they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe work environment and that the injury was the direct result of this failure.

Some employees may find it difficult to meet this requirement, especially in the event that a defective piece of equipment is responsible for causing an accident. This is why a lawyer who has expertise in FELA cases can help. 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.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws, referred to as "railway statues," require that rail corporations and, in some instances, their agents (such as managers, supervisors, or company executives), comply with these regulations to ensure the safety of their employees. Infractions to these laws could be considered negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injury under the FELA.

A common illustration of railroad statute violations is when an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured due to this, they may be entitled to compensation. However, the law stipulates that if a plaintiff was a contributor to the injury in any way (even if minimal), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a series of federal laws that permit railroad employees and their families to recover significant damages for injuries they that they sustain during work. This includes compensation for loss of earnings as well as benefits like medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar behavior.

Congress approved FELA in response to public outrage in 1908 at the shocking rate of accidents and deaths on railroads. Before FELA, there was no legal mechanism for railroad workers to sue their employers if they suffered injuries while on the job. Railroad workers injured and their families were frequently left without financial assistance during the time that they were unable to 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 law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law permits a trial by jury.

If a railroad carrier violates any of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove that it was negligent, or even that it was a contributing to the accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.

If you are a railroad worker who has been injured, you should immediately contact an experienced railroad injury lawyer. A good lawyer can help you file a claim and get the most benefits for the time you are not able to work because of the injury.