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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 standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).

To claim damages under the FELA, a victim must be able to prove that their injuries were at a minimum, caused through the negligence of the employer.

FELA vs. Workers' Compensation

While both workers' compensation and FELA are laws that provide protections to employees, there are significant differences between the two. These differences are related to the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of death or injury. Workers' compensation law provides immediate aid to injured workers, regardless of who is responsible for the accident. FELA requires that claimants show that their railroad's employer is at the very least partly 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 determining damages. A worker may receive up to 80% of their average weekly salary, together with medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

In order to win a FELA claim, a worker must prove that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher requirement than that required for a successful workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to claim damages.

In the wake of more than a century of FELA litigation railway companies today regularly implement safer equipment, but trains, tracks, railroad yards and machine shops are still one of the most hazardous workplaces. This is what makes FELA important for ensuring the safety of all railway workers as well as taking action against employers' inability to safeguard their employees.

It is crucial to seek legal advice as quickly as you can if are a railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to locate the DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed in 1920 to provide a means to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike workers on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was specifically designed to meet the unique needs of maritime employees.

The Jones Act, unlike workers compensation laws which restrict the amount of negligence compensation to the amount of lost wages for injured workers, provides unlimited liability in maritime cases involving 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 seek compensation for unspecified damages, such as past and present suffering and pain, as well as future loss of earning capacity as well as mental distress, for example.





A claim against a seaman in the Jones Act can be brought in either an state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory 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 if a seaman’s contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court held that lower courts were correct in determining that the seaman must prove his contribution to his 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 incorrect in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.

FELA Vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers who work in high-risk industries. After an accident, they can be compensated and support their families. The FELA was enacted in 1908 to acknowledge the inherent dangers of the work and to establish uniform liability standards for companies that operate railroads.

FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. To allow an injured worker to succeed in a claim, they must prove that their employer breached their duty of care by failing to provide a safe work environment, and that the injury occurred as the direct result of this inability.

This rule can be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by establishing a solid legal basis.

Some railroad laws that can 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) must adhere to these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence in and of itself, meaning that a violation of one of these rules is sufficient to support an injury claim under FELA.

A typical example of railroad statute violations is when an automatic coupler or grab iron is not correctly installed or is defective. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result, they 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 when the injury is not severe).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws which allow railroad employees and their families to collect substantial damages for injuries that they sustain during work. This includes compensation for loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be claimed. This is in order to punish the railroad and dissuade other railroads from engaging in similar behavior.

Congress passed FELA as a response to the public's anger in 1908 about the alarming number of deaths and accidents on railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers if they were injured while on the job. Railroad workers injured and their families were often left without financial support 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 act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions to those of their coworkers. The law also allows for an open trial before a jury.

If a railroad company violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result. The railroad does not have to prove that it was negligent or the fact that it caused an accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you are a railroad worker who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. fela lawsuits will be able to assist you in submitting your claim and getting the most benefits possible in the time you aren't working because of the injury.