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Workers Compensation Vs Federal Employers Liability Act

Workers in high-risk industries who suffer injuries are usually protected by laws which hold employers to higher standards of safety. fela claims , for example, protects railroad workers.

To claim damages under the FELA the plaintiff must demonstrate that their injury was at least partially caused due to the negligence of their employer.

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA, even though both laws provide protection to employees. These differences are related to the process of claiming as well as fault assessment and the types of damages awarded in instances of death or injury. Workers' compensation law provides rapid assistance to injured workers regardless of who was responsible for the accident. FELA requires that claimants show that their railroad's employer is at the very least partially responsible for their injuries.

FELA also allows workers to sue federal courts in lieu of the state workers' compensation system and also allows a trial with a jury. It also sets specific guidelines for the determination of damages. For example workers can be awarded an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. Furthermore, a FELA suit could include compensation for pain and suffering.

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

As a result of over a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but railroad tracks, trains, yards and machine shops remain among the most dangerous work environments. This makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to protect their employees.

It is important that you seek legal advice as quickly as you can if are railway worker who is injured at work. The best way to start is by contacting an approved designated Legal Counselor from BLET (DLC). Click here to find a DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters since they are not covered by workers' compensation laws like those that cover employees on land. 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 that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering, past and future loss of earnings capacity and mental distress.





A suit for seamanship under the Jones Act can be brought in a state court or a federal court. In a lawsuit 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. The majority of these laws are statutory and do not give injured workers the right to 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 evidence standard than FELA claims. The Court held that lower courts were right when they determined the seaman must prove his contribution to his accident directly led to his 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 erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same.

FELA Vs. Safety Appliance Act

In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers who work in high-risk industries. After an accident, they can be compensated and support their families. The FELA that was enacted in 1908, was an acknowledgment of the inherent hazards of the work. It also established uniform liability standards.

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 cars and locomotives to tracks, switches, and other safety equipment. In order for an injured worker to succeed in a claim they must prove that their employer violated their duty of care by failing to provide a safe work environment, and that the injury was directly caused by this inability.

Some workers may have difficulty to meet this requirement, particularly when a piece of equipment that is defective can be the cause of an accident. A lawyer with experience in FELA claims can be of great assistance. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by providing a solid legal basis.

The Railroad Safety Appliance Act 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) must adhere to these rules to ensure the safety their employees. Violating these statutes can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA.

A typical instance of a railroad statute violation is the case where 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 compensation. However, the law also stipulates that if the plaintiff contributed to the injury in some way (even if minimal) 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 significant damages if they suffer injuries on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages could also be sought. This is to punish the railroad and deter other railroads from engaging in similar actions.

Congress approved FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers for injuries they sustained on the job. Injured railroad workers and their families were often left without financial assistance during the time that they were unable to work because of their injuries or the negligence of the railroad.

Under the FELA railroad workers who are injured may file a claim for damages in state or federal courts. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing their actions with those of his coworkers. The law allows for the jury to decide on the case.

If a railroad company violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result. The railroad does not need to prove negligence or the fact that it caused an accident. You can also make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured on the job as a railroad worker you should contact an experienced railroad injury attorney immediately. The right lawyer can assist you in submitting your claim and receiving the most benefits possible during the time that you are not working because of your injury.