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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA). To claim damages under the FELA, a victim must prove that their injury was at least in part caused through the negligence of the employer. Workers' Compensation vs. FELA There are some differences between workers' compensation and FELA, even though both laws provide protection for employees. These differences relate to claims processes, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation law offers rapid aid to injured workers, regardless of who is responsible for the accident. FELA however, in contrast requires claimants to prove that their railroad company was at a minimum partially accountable for their injuries. FELA also permits plaintiffs 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 damages. A worker can receive up to 80% of their average weekly wage as well as medical expenses and an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort. To be successful in a FELA claim, a worker must prove that the railroad's negligence was a factor in the resulting injury or death. This is a more stringent requirement than that needed to be successful in a claim under workers' compensation. This is a result of FELA’s history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages if they were injured in the course of their work. In the wake of more than a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but the railroad tracks, trains, yards and machine shops are still one of the most hazardous work environments. FELA is essential to ensure the safety of railway workers and to tackle employers' failures 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 reach out to an approved designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employer for any injuries or deaths they suffer on the job. It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters as they are not covered by workers' compensation laws like those that cover employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the specific requirements of maritime workers. fela law firm to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future pain and suffering, past and future loss of earnings capacity and mental distress. A claim by a seaman under the Jones Act may be brought in either a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally different approach to the majority of workers' compensation laws, which are generally statute-based and do not grant the injured employee 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 his own injury was subject to a higher standard of proof than the standard for evidence in FELA cases. The Court ruled the lower courts were right in determining that a seaman must prove that his involvement in the accident directly caused his injury. Sorrell was awarded 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 incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act 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 industries. This enables workers to receive compensation for their injuries and also to maintain their families after an accident. The FELA that was enacted in 1908 was an acknowledgement of the inherent hazards of the job. It also established uniform standards for liability. FELA requires railroads to provide a safe working environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer breached their obligation to them by failing to provide them with a safe working environment and that the injury resulted directly from the failure. Some workers may have difficulty to meet this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. This is why a lawyer who has expertise in FELA cases can be helpful. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can improve a worker's case by providing a strong legal basis. Some railroad laws that may help the 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 rail corporations, and in certain cases their agents (like managers, supervisors or company executives) must comply with these rules to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to support a claim of injuries under the FELA. If an automatic coupler grab iron, or any other railroad device is not installed correctly or is defective it is a typical example of a railroad law violation. If an employee is injured because of this, they could be entitled to compensation. The law stipulates that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even even if the injury is minor). FELA vs. Boiler Inspection Act FELA is a set of federal laws that permit railroad workers and their families to recover substantial damages from injuries sustained on the job. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is a way to penalize railroads for negligent actions and deter other railroads from engaging in similar actions. Congress passed FELA as a response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers for injuries they sustained on the job. Railroad workers who were injured and their families were often left without adequate financial support during the time they were unable to work because of their injuries or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or assumption of risk with the concept of comparative fault. The law determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law permits the jury to decide on the case. If a railroad carrier violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. It is not necessary for the railroad to prove that it was negligent or that it was a contributory cause of an accident. It is also possible to file 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 are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced lawyer for railroad injuries. The right lawyer will be able to assist you in submitting your claim and obtaining the maximum benefits available during the time that you are not working because of the injury.