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Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are typically protected by laws that require employers to higher safety standards. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA).

To recover damages under the FELA the victim must demonstrate that their injury was at least in part caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are some differences between workers compensation and FELA, even though both laws provide protection for employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages that are awarded in the event of death or injury. Workers' compensation law provides quick assistance to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries.

In addition, FELA allows workers to sue in federal court rather than the state's workers compensation system. It also allows jurors for trials. It also establishes specific rules for determining damages. For example workers can be awarded compensation up to 80 percent of their weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Additionally the FELA suit could also include compensation for pain and suffering.

To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the injury or death. This is a far higher standard than that required for a successful claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for significant damages if they were injured in the course of their employment.

Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and train tracks, as well as in their yards, machine shops, and other work areas. This makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to safeguard their employees.

If you are a railway employee who was injured on the job it is essential that you seek legal advice as quickly as you can. The best method to start is by contacting a BLET designated Legal Counsel (DLC). Click this link 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 injuries or deaths during work. The Jones Act was passed in 1920 as a way to protect sailors who are at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the unique requirements of maritime workers.

Unlike workers' compensation laws, which limit recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent actions. 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, mental distress, etc.

A claim for a seaman in the Jones Act can be brought either in an state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws which are typically statutory and do not afford the injured employee the right to a jury trial.

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 subjected to a higher proof standard than in FELA claims. The Court held that the lower courts were right in their decision that a seaman's contribution to his own accident has to be proven to have directly contributed to the injury.

Sorrell was awarded US$1.5 million for his injury. 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 directly contributing 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 in opposition to. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers 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 was passed in 1908 in recognition of the inherent dangers associated with the job and to establish uniform liability standards for businesses who operate railroads.

FELA requires railroads to provide a safe work environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars 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 failing to provide them with a reasonably secure working environment and that their injury was the direct result of the failure.

Some employees may find it difficult to meet this requirement, especially in the event that a defective piece of equipment can be the cause of an accident. This is why a lawyer who has expertise in FELA cases can be helpful. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements, can help strengthen the legal case of a worker by providing a solid legal foundation.





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 are known as "railway statutes" and require that rail corporations, and in some cases, their agents (like managers, supervisors, or executives of companies) must follow these rules to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is sufficient to justify an injury claim under FELA.

An illustration of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident, they may be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to the injury in some way (even the injury is not severe), their claim may be reduced.

FELA vs. fela railroad settlements is a set of federal laws which allows railroad employees and their family members to recover substantial damages if they suffer injuries on the job. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be sought. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar actions.

Congress approved FELA in response to the public's outrage in 1908 about the alarming rate of accidents and deaths on railroads. Before FELA, there was no legal way for railroad workers to sue their employers if they were injured at work. Railroad workers injured and their families were frequently left without financial support during the period that they could not work because of their injuries or the negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. The act determines a railroad worker’s share of responsibility for an accident by comparing their actions with those of their coworkers. The law allows for the jury to decide on the case.

If a railroad company violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. The railroad does not need to prove negligence or that it contributed to an accident. You can also bring 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 consult a skilled railroad injury lawyer right away. The right lawyer can help you file a claim and receive the maximum amount of compensation during the time you are not able to work because of the injury.