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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). To be able to claim damages under FELA workers must prove that their injury was caused in part by negligence on the part of the employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA while both laws provide protection to employees. These differences are related to the process of claiming as well as fault assessment and the types of damages awarded in cases of death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad's employer is at least partially responsible for their injuries. FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system and allows for a trial by jury. It also establishes specific guidelines for the determination of damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain. To be successful for a worker in a FELA case, they must show that the railroad's negligence played at least a part in the injury or death. This is a higher requirement than what is required to win a workers compensation claim. This is a result of FELA’s history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to sue for damages. As a result of over a century of FELA litigation railway companies are now able to adopt and use safer equipment, but trains, tracks, railroad yards and machine shops remain one of the most hazardous workplaces. FELA is important to ensure the safety of railway workers and to address employers' failures in protecting their employees. If you are a railway worker who has been injured on the job it is essential that you seek legal advice as quickly as possible. The best method to start is to reach out to the BLET-approved Legal Counsel (DLC). Click here to locate a DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employer for injuries or deaths during work. It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation like those that cover land-based workers. 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 that restrict the amount of negligence compensation to the 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 an employer's negligence caused their injury or death. 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 as well as mental distress, for example. A seaman's claim under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct method than the majority of workers' compensation laws, which are typically legal and do not give injured employees the right to a trial by jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether 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 correct when they determined that the seaman's involvement in his own accident must be shown to have directly contributed to his or her injury. Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct, since they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to set up uniform liability standards for companies that manage railroads. FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. In order for an injured worker to be successful in a lawsuit they must prove that their employer acted in breach of their duty of care by failing to provide a safe working environment and that the injury was the direct result of that negligence. This requirement can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why having a lawyer who has expertise in FELA cases can be helpful. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements, can help strengthen the legal case of a worker by giving a solid legal basis. Certain railroad laws that could aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as “railway statutes” and mandate that rail corporations, and in some instances, their agents (like managers, supervisors or company executives) must follow these rules in order to protect their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of any one of these rules is enough to justify a claim for injury under FELA. An instance of railroad statute violations is the case where an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured due to this, they could be entitled compensation. The law states that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their families to recover substantial damages if they get injured while on the job. This includes compensation for the loss of earnings and benefits like medical expenses or disability payments, as well as funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar behavior. Congress adopted FELA in 1908 in response to public outrage at the alarming number of fatalities and accidents on the railroads. Before FELA there was no legal basis for railroad workers to sue employers for injuries they sustained while on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the time that they were unable to work due to their injury or the negligence of the railroad. Under the FELA railroad workers who suffer injuries can make a claim for damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing a system based on comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law also permits a jury trial. If fela law firm violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. This does not mean that the railroad to prove it was negligent or that it was a contributory cause of an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes. If you are a railroad worker who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. The right lawyer can assist you in filing your claim and receiving the highest amount of benefits during the time that you are not working due to your injury.