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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are typically protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees. 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 differences between workers' compensation and FELA although both laws offer protection to employees. These differences are related to the process of submitting claims, fault evaluation and the types of damages awarded for death or injury. Workers' compensation law provides rapid aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad employer is at least 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 provides a jury trial. It also establishes specific rules for the calculation of damages. For instance, a worker can receive an amount of compensation that is up to 80 percent of their weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Additionally an FELA suit may include additional compensation for pain and suffering. For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a small part in the resulting injury or death. This is a higher requirement than what is required to win a workers compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for significant damages if they were injured during their employment. As a result of more than a century of FELA litigation railway companies today regularly implement safer equipment, but the railroad tracks, trains, yards and machine shops are among the most dangerous places to work. FELA is essential to ensure the safety of railway workers and to tackle employers' negligence in protecting their employees. It is important that you seek legal counsel as soon as you can if are a railway worker who is injured 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 a federal law that permits 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 limb on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation similar to those that protect 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. The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the maximum amount of lost wages for an injured worker, provides unlimited liability in maritime cases involving 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 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 either in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a completely different method than the majority of workers' compensation laws, which are generally statutory and do not afford the injured employee the right to a 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 standard of proof than FELA claims. The Court held that the lower courts were correct in their decision that the seaman's involvement in his own accident must be shown to have directly contributed to his or her injury. Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a significant distinction for injured workers in high-risk sectors. This allows them to receive compensation for their injuries as well as maintain their families after an accident. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to establish uniform liability standards for companies that manage railroads. FELA requires that railroads provide a safe work environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to tracks, switches, and other safety gear. To be successful, an injured worker must show that their employer violated their duty of responsibility by failing to provide them with a reasonably safe working environment, and that their injury was the direct result of the failure. Some workers may have difficulty to meet this requirement, especially when a piece of equipment that is defective is involved in causing an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements, can help bolster the legal case of a worker by providing a solid legal foundation. Certain railroad laws that could help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in certain cases their agents (like 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. A common instance of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and when an employee is injured because of it the employee may be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in some way (even even if it was a minor cause) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad employees and their families to claim substantial damages from injuries that they sustain during work. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. In addition, if an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct. Congress passed 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 way for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers injured 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 injured can file a claim for damages in federal or state courts. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with the concept of comparative fault. The law determines the railroad worker's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for the possibility of a jury trial. If a railroad carrier violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any 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. fela claims can also bring 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. The right lawyer can assist you in submitting your claim and obtaining the most benefits possible for the time you aren't working due to your injury.