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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. To be able to claim damages under FELA workers must prove that their injury was caused partially due to negligence on the part of the employer. Workers' Compensation vs. FELA While both workers' compensation and FELA are laws that provide protection to employees, there are some significant differences between them. These distinctions are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation law gives immediate assistance to injured workers regardless of who was at fault for the accident. FELA however demands that claimants prove that their railroad company was at least partially accountable for their injuries. FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system, and provides a trial by jury. It also has specific rules for the calculation of damages. A worker may receive up to 80% their average weekly wage as well as medical expenses, as well as a reasonable cost-of-living benefit. Moreover an FELA suit could also include compensation for pain and suffering. In order to win a FELA claim the worker must show that the railroad's negligence was a factor in the resulting injury or death. This is a much more stringent requirement than that needed to be successful in a claim under workers compensation. This requirement is a product of FELA’s history. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for significant damages when they were injured in the course of their work. As a result of over a century of FELA litigation railway companies today regularly adopt and deploy safer equipment, however the trains, tracks, railroad yards and machine shops are still among the most dangerous work environments. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to safeguard their employees. If you are a railway employee who has been injured in the course of work it is essential to seek legal advice as soon as you can. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for any injuries or deaths they suffer on the job. 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 by workers' compensation laws unlike workers on land. It was closely modeled on the Federal Employers Liability Act (FELA), which protects 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 compensation for negligence to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by the negligence of an employer's behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering, past and future loss of earnings capacity, and mental distress. A claim for seamanship under the Jones Act can be brought either in a state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to the workers' compensation laws. fela railroad settlements of these laws are statutory and do not grant injured employees the right to a trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of proof than the standard for evidence in FELA cases. The Court decided that the lower courts were right when they determined that the seaman's involvement in his own accident must be shown to have directly caused the injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was only responsible for the negligence that caused his injury. Norfolk asserted that the causation standard 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 caused injuries. This is a significant distinction for injured workers who work in high-risk industries. This enables workers to receive compensation for their injuries as well as maintain their families after an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for companies that manage railroads. FELA requires railroads to provide a secure working 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 equipment. To be successful an injured worker must show that their employer breached their obligation to them by failing to provide them with a safe working environment and that their injury resulted directly from this negligence. Some workers may find it difficult to comply with this requirement, particularly if a defective piece equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that govern these requirements can strengthen a worker's legal case by giving a solid legal basis. Certain railroad laws that could help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as “railway statues,” require that rail corporations, and in some cases their agents (such as managers, supervisors or company executives) must adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injuries under the FELA. If an automatic coupler, grab iron, or any other railroad device is not installed correctly or is damaged, this is a common instance of a lawful railroad violation. If an employee is injured due to this, they may be entitled compensation. However, the law also stipulates that if a plaintiff was a contributor to the injury in any way (even the injury is not severe) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allows railroad employees and their family members to recover substantial damages if they are injured on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be sought. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar conduct. Congress adopted FELA in 1908 as a result of public outrage over the shocking number of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without financial support during the time that they could not work because of their injuries or the negligence of the railroad. Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions with those of his coworkers. The law allows for a trial by jury. If a railroad operator is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not require the railroad to prove it was negligent or even that it was a contributing cause of an accident. You may also file 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 employee, you should contact an experienced railroad injury attorney immediately. A good lawyer will be able to assist you in submitting your claim and obtaining the most benefits possible in the time you aren't working due to your injury.