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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 require employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). In order to recover damages under FELA the worker must prove their injury was caused in part by 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 a few differences between the two. 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 offer immediate aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad employer is at the very least partly responsible for their injuries. FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system, and allows for a trial by jury. It also establishes specific rules for determining damages. A worker can receive up to 80% of their weekly average wage, plus medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for pain and discomfort. To be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a small part 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 is a part of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to sue for damages. Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and tracks for trains, as well as in their machine shops, yards, and other workplaces. FELA is important to ensure the safety of railway workers and to correct employers' inability to protect their employees. It is crucial to seek legal advice as soon as you can if you are railway worker who is injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Follow this link to find a BLET-approved DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed in 1920 as a means to protect sailors who risk their lives on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was modeled on the Federal Employers' Liability Act (FELA), which covers railroad workers. It was also designed to meet the needs of maritime employees. The Jones Act, unlike workers compensation laws which restrict the amount of compensation for negligence to the maximum amount of lost wages for an injured worker, 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 seek compensation for unspecified damages including the past and present suffering and pain, future loss of earning capacity and mental distress, among others. A claim for compensation by a seaman under the Jones Act may be brought in a state or federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutory and do not grant injured employees the right to trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to determine whether the contribution of a seaman to his or his own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court held that lower courts were right in determining that the seaman must prove his contribution to his accident directly caused his injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was only accountable for the negligence that directly caused the injury. Norfolk argued that the causation standard 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 support their families. The FELA was passed in 1908 to acknowledge the inherent dangers of the work and to establish uniform liability standards for companies that operate railroads. FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful, an injured worker must show that their employer breached their obligation to them by not providing them with a reasonably safe working environment and that their injury was the direct result of this failure. This requirement may be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has experience in FELA cases can be of assistance. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker by providing a strong legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen the worker's FELA claim. These laws, referred to as “railway statues,” require that rail corporations, and in some instances, their agents (such as supervisors, managers or company executives) adhere to these rules to ensure the safety their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation is enough to support a claim for injury under the FELA. If an automatic coupler grab iron or other railroad device is not installed properly or is damaged it is a typical example of a railroad law violation. If an employee is injured due to this, they could be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to their injury in any way (even even if it was a minor cause) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that permit railroad employees and their families to claim significant damages for injuries they that they sustain while working. This includes compensation for the loss of earnings and benefits including medical expenses as well as disability benefits and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is a way to penalize the railroad for negligent acts and discourage other railroads from engaging in similar conduct. Congress passed FELA in 1908 as a result of public outrage over the appalling number of fatalities and accidents on the railroads. Prior to fela railroad settlements there was no legal way for railroad workers to sue employers when they suffered injuries in the course of their work. Injured railroad workers, and their families, were often left without adequate financial support 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 federal or state court. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing his actions to those of coworkers. The law permits the jury to decide on the case. If a railroad company is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove that it was negligent or the fact that it caused an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines. If you are a railroad employee who has been injured or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer can assist you in filing your claim and obtaining the maximum benefits available for the time you aren't able to work due to the injury.