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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers. In order to recover damages under FELA the worker must prove that their injury was caused at least partially due to negligence on the part of the employer. Workers' Compensation vs. FELA There are some differences between workers' compensation and FELA although both laws provide protection for employees. These differences are related to the process of filing claims as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA, in contrast requires claimants to prove that their railroad employer was at least partly responsible for their injuries. FELA also allows workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for determining damage. A worker can receive up to 80% of their weekly average wage, as well as medical expenses, as well as a reasonable cost-of-living benefit. Additionally fela lawyers may include additional 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 higher standard than what is required to be successful in a claim under workers' compensation. This is a part of the FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages. In the wake of more than 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, however the trains, tracks, railroad yards and machine shops are some of the most dangerous workplaces. FELA is important to ensure the safety of railway workers, and to address employers' inability to protect their employees. It is important that you seek legal advice as quickly as you can when you are a railway worker who has been injured while at work. The best way to start is to contact a BLET designated Legal Counsel (DLC). Click this link to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employer for injuries or fatalities while on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation similar to those that protect employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the specific needs of maritime employees. The Jones Act, unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including past and present pain and suffering, future loss of earning capacity as well as mental distress, for example. A seaman's claim under the Jones Act may be brought in a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a distinct method than the majority of workers' compensation laws which are typically statutory and do not afford injured workers the right to a jury trial. 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 more strict evidence standard than FELA claims. The Court ruled that the lower courts were correct in their decision that a seaman's contribution to his own accident has to be proven to have directly caused his or her injury. Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was solely accountable for the negligence that directly caused the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA In contrast to the laws governing workers' compensation, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers in high-risk industries. This allows them to receive compensation for their injuries and also to take care of their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers of 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. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. To allow an injured worker to prevail 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 the direct result of that failure. Some workers may have difficulty to comply with this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. An attorney with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders and 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 can strengthen a worker’s FELA claim. These laws, also known 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 of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of any one of these rules is enough to justify an injury claim under FELA. When an automatic coupler, grab iron, or any another railroad device isn't installed properly or is defective, this is a common example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured as a result, they may be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even if it is minimal). FELA Vs. Boiler Inspection Act FELA is a set of federal laws that permit railroad workers and their families to claim substantial damages for injuries sustained on the job. This includes compensation for the loss of earnings and benefits, including medical expenses or disability payments, as well as funeral expenses. In addition when an injury results in permanent impairment or death, a claim can be filed for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging in similar conduct. Congress passed FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on the railroads. Prior to FELA there was no legal way for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers injured in the line of duty, and their families, were often left without financial support during the time they were unable to work due to accident or negligence of the railroad. Under the FELA, railroad workers injured can seek damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing an approach based on the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing his actions to those of coworkers. The law also allows for the possibility of a jury trial. If a railroad company violates one of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. It is not necessary for the railroad to prove it was negligent, or even that it was a contributing cause of an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. If you've been injured on the job as a railroad worker, you should consult a skilled railroad injury attorney immediately. The right lawyer can help you file a claim and get the most benefits during the time you are unable to work due to the injury.