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10 Things We All Hate About Federal Employers
Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who are injured are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

While both workers compensation and FELA are laws that offer protection to employees, there are significant differences between the two. These differences are related to the claims process, fault evaluation and the types of damages awarded for injury or death. Workers' compensation law provides quick aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad company is at least partially responsible for their injuries.

FELA also permits workers to sue federal courts on behalf of the state workers' compensation system and provides a trial by jury. It also establishes specific rules for the determination of damages. A worker may receive up to 80% their average weekly salary, as well as medical expenses, and a reasonable cost-of-living benefit. Additionally the FELA suit may include additional compensation for pain and suffering.

To be successful for a worker in a FELA case they must prove that negligence by the railroad played at least a role in the resulting injury or death. This is a higher level than that required to win a workers' compensation claim. This is a part of FELA’s history. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for substantial damages when they were injured in the course of their work.

As a result of over 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, however the railroad tracks, trains, yards and machine shops remain one of the most hazardous places to work. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to protect their employees.

It is essential to seek legal counsel as soon as you can if you are railway worker who is injured at work. The best method to start is by contacting an approved designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 to provide a means to protect sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers Liability Act (FELA) which is which protects railroad workers. It was also designed to accommodate the needs of maritime workers.

The Jones Act, unlike workers' compensation laws that restrict the amount of negligence compensation to the maximum 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 death or injury. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified including the pain and suffering, future loss of earning capacity and mental distress, among others.

A claim for seamanship under the Jones Act can be brought in either a state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutes and do not give injured employees the right to trial before a jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court decided that the lower courts were right in determining that the seaman's involvement in his own accident has to be shown as having directly caused the injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact 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 who work in high-risk industries. This enables workers to receive compensation for their injuries and to take care of their families following an accident. The FELA that was enacted in 1908, was a recognition of the inherent dangers of the job. It also established uniform liability standards.

FELA requires that railroads provide a safe work environment for their employees. This includes the use of properly 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 show that their employer did not fulfill their obligation of care by not providing them with a safe working environment and that the injury was the direct result of the failure.

This rule can be a challenge for some workers, especially when a piece of equipment is involved in an accident. This is why a lawyer who has expertise in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a solid legal basis.

fela lawsuits and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws, also 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 rules to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is sufficient to justify a claim for injuries under the 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 when an employee is injured because of it, they may be entitled to compensation. The law stipulates 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 allows railroad employees and their family members to recover substantial damages if they get injured while on the job. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral costs. In addition in the event that an injury causes permanent impairment or death, a claim can be made for punitive damages. This is to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct.

Congress adopted FELA in 1908 due to public outrage over the appalling rate of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained in the course of their work. Injured railroad workers and their families were often left without financial support during the period they were unable to work due to injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing an approach based on 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 coworkers. The law also permits an open trial before a jury.

If a railroad carrier violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. You can also make a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you've been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. A qualified lawyer can assist you file your claim and obtain the maximum benefits in the event that you are unable to work due to your injury.