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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). To be able to claim damages under the FELA the plaintiff must demonstrate that their injury was at a minimum, caused by the negligence of the employer. Workers' Compensation vs. FELA There are differences between workers' compensation and FELA although both laws offer protection to employees. These differences relate to claims processes, fault evaluation and the types of damages awarded for injury or death. Workers' compensation law provides quick relief to injured workers regardless of who is responsible for the accident. FELA however, on the other hand demands that claimants prove that their railroad company was at least partly responsible for their injuries. Additionally, FELA allows workers to sue in federal court rather than the state's workers' compensation system and provides the option of a jury trial. It also has specific rules for the determination of damages. A worker could receive up to 80% their average weekly wage as well as medical expenses, as well as an appropriate cost-of-living allowance. Additionally the FELA suit could also include compensation for pain and suffering. To be successful in a FELA claim, a worker must prove that the railroad's negligence was at the very least an element in the cause of 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 improve rail safety by allowing injured workers to sue for damages. Despite the fact that railroad companies have been suing for more than 100 years, they employ dangerous equipment and train tracks, as well as in their yards, machine shops, and other workplaces. FELA is essential to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees. If you are a railway worker who has suffered an injury in the course of work, it is crucial that you seek legal advice as soon as you can. The best way to begin is to contact a BLET designated Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those for employees on land. It was modeled after the Federal Employers Liability Act (FELA) which was which covers railroad workers. It was also designed to satisfy the needs 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 that involve negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's conduct. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering in the past and future, loss of earnings capacity and mental distress. A suit for a seaman in the Jones Act can be brought in a state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws which are usually legal and do not give 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 clarify whether a seaman's contribution to their own injury was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined that a seaman's contribution to his own accident must be proved 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 trial court's instructions to the jury were not correct as they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed 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 led to injuries. This is a crucial distinction for injured workers working 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 enacted in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies that manage railroads. 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 trains and cars to tracks, switches, and other safety equipment. To allow an injured worker to succeed in a claim they must show that their employer acted in breach of their duty of care by failing to provide a reasonably safe work environment and that the injury occurred as a direct result of that inability. This rule can be a challenge for some workers, particularly when a piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker, by establishing a solid legal foundation. Certain railroad laws that could aid the worker's 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 executives of companies) must follow these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is enough to justify a claim for injuries under the FELA. If an automatic coupler grab iron or other railroad device is not installed correctly or is damaged it is a typical instance of a lawful railroad violation. If an employee is injured because of this, they may be entitled compensation. However, the law also stipulates that if the plaintiff contributed to their injury in some way (even even if it was a minor cause) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a series of federal laws that permit railroad workers and their families to recover significant damages for injuries they caused on the job. This includes compensation for loss of earnings and benefits including medical expenses or disability payments, as well as funeral expenses. Additionally, if an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is to penalize railroads for their negligence and deter other railroads from engaging in similar conduct. fela attorneys approved FELA in 1908 in response to public outrage at the alarming number of fatalities and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers for injuries they sustained in the course of their work. Railroad workers injured and their families were often left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad. Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The act abolished defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing their actions to those of his coworkers. The law allows for the jury to decide on the case. If a railroad operator violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad does not have to prove that it was negligent or the fact that it caused an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes. If you've been injured while working as a railroad worker, you should contact an experienced railroad injury lawyer immediately. A good lawyer can help you file a claim and receive the most benefits in the event that you are in a position of no work because of your injury.