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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. Federal Employers' Liability Act, for example, protects railroad employees. To recover damages under the FELA, a victim must prove that their injury was at a minimum, caused through the negligence of the employer. Workers' Compensation vs. FELA While both workers' compensation and FELA are laws that provide protections to employees, there are a few differences between them. These differences are based on the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of injury or death. Workers' compensation laws provide immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad's employer is at a minimum partially responsible for their injuries. FELA also allows workers to sue federal courts on behalf of the state workers' compensation system, and also allows a trial with a jury. It also provides specific rules for determining damage. A worker can receive up to 80% of their weekly average wage, plus medical expenses, and a reasonable cost-of-living allowance. Additionally, a FELA suit could include compensation for pain and suffering. To win a FELA claim, a worker must prove that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a higher level than that required to win a workers compensation claim. This is a result of FELA’s history. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for substantial damages if they suffered injuries in the course of their employment. 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 machines shops, yards and other workplaces. FELA is essential to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees. If you are a railway employee who has been injured while on the job it is essential that you seek legal advice as soon as possible. The best way to begin is by contacting a BLET designated Legal Counsel (DLC). Click here to locate a DLC firm in your region. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation like those that cover land-based workers. It was modeled after the Federal Employers' Liability Act (FELA), which covers railroad workers. It was also tailored to meet the needs of maritime employees. The Jones Act, unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by an employer's negligent actions. 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 against a seaman under the Jones Act can be brought either in an state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to workers' compensation laws. The majority of these laws are statutes and do not grant injured employees the right to a trial before a jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injuries was subject to a more strict proof standard than in FELA claims. The Court ruled that the lower courts were right in their decision that a seaman's role in his own accident has to be proved to have directly contributed to 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 erroneous as they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued that the standard of causation 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 resulted in injuries. This is a major distinction for injured workers in high-risk sectors. This enables them to be compensated for their injuries and to support their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to set up uniform liability standards for companies that manage railroads. FELA requires railroads to provide a safe work environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer violated their duty of responsibility by not providing them with a safe working environment, and that their injury resulted directly from this negligence. This requirement may be difficult to fulfill for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. 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 solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws, also known as “railway statues,” require that rail corporations and, in some instances, their agents (such as managers, supervisors, or company executives), comply with these regulations to ensure the safety of their employees. Infractions to these laws could be considered negligence in and of themselves, meaning that a violation is enough to support a claim for injuries under the FELA. If an automatic coupler, grab iron or another railroad device isn't installed properly or is damaged it is a typical instance of a lawful railroad violation. If an employee is injured due to this, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in some way (even if minimal), their claim may be reduced. FELA Vs. Boiler Inspection Act FELA is a series of federal laws that allow railroad employees and their families to collect significant damages for injuries they caused during work. This includes compensation for loss of earnings as well as benefits such as medical costs or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar behavior. Congress adopted FELA in 1908 as a result of public outrage at the alarming number of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers when they were hurt while on the job. Railroad workers injured in the line of duty, and their families, were often left without financial assistance during the time they were unable work due to their accident or negligence of the railroad. Under the FELA, railroad workers who are injured can make a claim for damages in federal or state courts. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The law determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law also permits a jury trial. If a railroad operator violates one of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove that it was negligent or even that it was a to the cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines. If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. fela settlements can assist you in filing your claim and obtaining the most benefits possible during the time that you are not working due to the injury.