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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who suffer injuries are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). In order to be entitled to damages under FELA the worker must prove their injury was caused 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 offer protection to employees. These differences are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries. FELA also allows workers to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for determining damage. A worker can receive up to 80% their average weekly salary, together with medical expenses, and an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a part in the resulting injury or death. This is a much higher standard than that required for a successful claim under workers compensation. This is a result of the history of FELA. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for substantial damages if they suffered injuries in the course of their work. As a result of over a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but the railway tracks, trains, yards and machine shops are one of the most hazardous work environments. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees. It is important that you seek legal advice as quickly as you can when you are railway worker who has been injured while at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Click this link to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer during work. It was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, as they are not covered by the laws on workers' compensation like those that cover employees on land. It was modeled on the Federal Employers' Liability Act (FELA), a law that covers railroad employees. It was also crafted to accommodate the needs of maritime employees. Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. 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 including future and past pain and suffering, past and future loss of earnings capacity, and mental distress. A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to the workers' compensation laws. Most of these laws are statutory in nature 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 determine whether the contribution of a seaman to his or her own injury was subject to a higher standard of evidence than the standard of evidence in FELA cases. The Court decided that the lower courts were right in their decision that a seaman's contribution to his own accident must be proven to have directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish uniform liability standards for companies that operate railroads. FELA requires railroads to provide a safe work environment for their employees, including 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 violated their duty of responsibility by failing to provide them with a safe working environment, and that their injury was the direct result of this negligence. Some workers may find it difficult 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 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. 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 managers, supervisors, or company executives) must adhere to these rules to ensure the safety their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is sufficient to justify a claim for injuries under the FELA. If an automatic coupler grab iron or another railroad device isn't installed properly or is defective This is a common instance of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law states that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even when the injury is not severe). FELA vs. Boiler Inspection Act FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they suffer injuries on the job. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. In fela settlements in the event that an injury causes permanent impairment or death, a claim can be brought for punitive damages. This is to punish the railroad and dissuade other railroads from engaging similar behavior. Congress passed FELA in 1908 in response to public outrage over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers when they were injured at work. Railroad workers who were injured and their families were often left without adequate financial support during the time that they were unable to work due to their injury or the negligence of the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with 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 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 laws, such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. This does not mean that the railroad to prove that it was negligent or even that it was a contributory to the accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A qualified lawyer can assist you file your claim and obtain the maximum benefits during the time you are not able to work because of the injury.