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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 hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad workers. To be able to claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused by the negligence of the employer. Workers' Compensation vs. FELA There are differences between workers compensation and FELA while both laws offer protection to employees. These differences are based on the process of claiming, fault assessment and types of damages that are awarded in the event of death or injury. Workers' compensation law gives quick assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries. FELA also permits workers to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for determining damages. For example an employee can receive compensation of up to 80% of their average weekly wage, plus medical expenses and a reasonable cost of living allowance. Furthermore, a FELA suit may include additional compensation for pain and suffering. To win a FELA claim the worker must show that the railroad's negligence was a factor in the resulting injury or death. This is a more stringent requirement than that needed for a successful claim under workers' compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for large damages if they were injured during their job. Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and train tracks as well as in their yards, machine shops, and other work areas. FELA is essential to ensure the safety of railway workers and to tackle employers' inability to protect their employees. It is important that you seek legal counsel as soon as you can if are railway worker who has been injured at work. The best way to start is to contact a designated Legal Counselor from BLET (DLC). Click this link to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was passed in 1920 to provide a means to safeguard sailors who put their lives at risk on the high seas or in 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 is which covers railroad employees. It was also crafted to meet the needs of maritime employees. In contrast to workers' compensation laws, which limit recovery 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. In addition under the Jones Act, plaintiffs are not required to prove that their injury or death was directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering and pain as well as future and past loss of earnings capacity, and mental distress. A claim against a seaman under the Jones Act can be brought either in an state court or a federal court. Plaintiffs in a lawsuit 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 requested to clarify whether a seaman's involvement in their own injury was subject to a more strict proof standard than in FELA claims. The Court decided that the lower courts were correct when they determined the seaman must prove his contribution to his accident directly led to 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 wrong, as they instructed the jury that Norfolk was only responsible for negligence that directly caused his 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 led to injuries. This is a major distinction for injured workers in high-risk industries. This allows them to receive compensation for their injuries and to maintain their families after an accident. The FELA, which was passed in 1908, was an acknowledgment of the inherent hazards of the job. It also established standardized liability requirements. FELA requires railroads to offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains 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 reasonably secure working environment and that the injury resulted directly from this failure. This requirement can be difficult to meet for some workers, particularly when a piece of equipment is involved in an accident. An attorney with experience in FELA claims can be of great assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by establishing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws, also referred to as “railway statues,” require that rail corporations, and in some cases their agents (such as supervisors, managers, or company executives) must adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence by itself, which means that a violation of any one of these rules is enough to support an injury claim under FELA. An instance of an infraction to the railroad statute is the case where an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured as a result of this, they could be entitled to compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in some way (even even if it was a minor cause), their claim may be reduced. fela railroad settlements . Boiler Inspection Act FELA is a series of federal laws that allow railroad workers and their families to collect substantial damages for injuries sustained on the job. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is a way to penalize railroads for negligent actions and deter other railroads from engaging in similar conduct. Congress adopted FELA as a response to public outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers when they were hurt in the course of their work. Injured railroad workers and their families were often denied financial aid during the period they were unable to work due to injury or negligence by the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act has 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 to the actions of their coworkers. The law also allows for a jury trial. If a railroad operator violates a federal railroad safety statute like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. The railroad is not required to prove that it was negligent or that it contributed to an accident. You may also file an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced railroad injury lawyer. A good lawyer can assist you in submitting your claim and getting the maximum benefits available for the time you aren't able to work due to your injury.