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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees. To be able to claim damages under the FELA the victim must be able to prove that their injuries were at a minimum, caused due to the negligence of their employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA while both laws offer protection to employees. These distinctions are related to the process of filing claims, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation law provides rapid assistance to injured workers regardless of who is at fault for the accident. FELA however, in contrast demands that claimants prove that their railroad company was at least partly responsible for their injuries. FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system, and also allows a trial with a jury. It also establishes specific rules for the determination of damages. A worker can receive up to 80% their average weekly wage plus medical expenses, as well as an appropriate cost-of-living allowance. A FELA lawsuit may also include compensation for discomfort and pain. To win a FELA claim, a worker must prove that the railroad's negligence was a factor in the resulting injury or death. This is a more stringent requirement than that needed to be successful in a claim under workers compensation. This is a result of the FELA's history. In 1908, Congress passed FELA in an effort to increase safety on the rails by permitting workers to sue for large damages if they suffered injuries in the course of their employment. Despite the fact that railroad companies have been suing for more than a century, they still use dangerous equipment and train tracks, as well as in their machines shops, yards and other work areas. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to protect their employees. It is crucial to seek legal advice as soon as you can if you are railway worker who has been injured at work. The best way to begin is to contact an approved 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 a federal law that allows seamen to sue their employers for work-related 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, since they are not covered by workers' compensation laws like those for employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was tailored to address the specific requirements of maritime workers. The Jones Act, unlike workers compensation laws which limit the amount of negligence compensation to the amount of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including the suffering and pain, future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in either a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not grant injured employees the right to trial before a jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled that the lower courts were correct in determining that a seaman's role in his own accident must be proved as having directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was solely accountable for the negligence that directly caused his 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 in high-risk sectors. This enables them to be compensated for their injuries as well as support 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 that manage railroads. FELA requires railroads to provide a safe work environment for their employees, which includes 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 lawsuit they must show that their employer acted in breach of their duty of care by failing to provide a safe work environment, and that the injury was directly caused by that negligence. This rule can be difficult to fulfill for some workers, particularly when a defective piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can help a worker's case by providing a strong 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, referred to as “railway statues,” require that rail companies and, in certain instances, their agents (such as supervisors, managers or company executives) must adhere to these rules to ensure the safety their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim of injury under the FELA. A typical instance of an infraction to the railroad statute is when an automatic coupler or grab iron isn't properly installed or has a defect. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt because of it, they may be entitled to compensation. However, the law also stipulates that if a plaintiff was a contributor to the injury in any way (even if minimal), their claim may be reduced. FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws that allows railroad workers and their family members to claim substantial damages if they suffer injuries while working. This includes compensation for loss of earnings as well as benefits including medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar behavior. Congress adopted FELA in response to public outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal way for railroad workers to sue employers for injuries they sustained on the job. Railroad workers injured in the line of duty, and their families, were often denied financial assistance during the time they were unable work because of their injuries or negligence on the part of the railroad. Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with the concept of comparative fault. The act determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. fela claims allows for an investigation by jury. If a railroad company violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad is not required to prove negligence or contribute to an accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has been injured or injured, you must immediately contact an experienced railroad injury lawyer. A good lawyer will be able to assist you in filing your claim and receiving the most benefits possible for the time you are not working because of your injury.