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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors are injured, they are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). To recover damages under the FELA the plaintiff must prove that their injury was at least partially caused through the negligence of the employer. FELA Vs. Workers' Compensation While both workers' compensation and FELA are laws that provide protection to employees, there are a few differences between the two. These differences relate to claims processes as well as fault evaluation, and the 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 is responsible for the accident. FELA, however demands that claimants prove that their railroad employer was at least partially responsible for their injuries. FELA also allows workers to sue federal courts in lieu of the state workers' compensation system and provides a trial by jury. It also establishes specific rules for determining damage. For example workers can be awarded compensation of up to 80 percent of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort. To be successful in a FELA claim, a worker must prove that the railroad's negligence was an element in the cause of injury or death. This is a higher requirement than that required for a successful workers compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages. As a result of over a century of FELA litigation railway companies today regularly adopt and use safer equipment, but railway tracks, trains, yards and machine shops are still one of the most hazardous places to work. FELA is important to ensure the safety of railway workers, and to correct employers' inability to protect their employees. It is essential to seek legal advice as quickly as you can if are railway worker who is injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to locate a 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 as a means to safeguard sailors who risk their lives on the high seas or other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was designed to meet the unique requirements of maritime workers. In contrast to workers' compensation laws, which limit recovery for negligence to a maximum of the injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by the negligence of an employer's actions. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like the pain and suffering, future loss of earning capacity and mental distress, among others. A claim for seamanship under the Jones Act can be brought in either a state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a jury trial. This is a fundamentally different approach than most workers' compensation laws which are typically legal and do not give 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 more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled the lower courts were correct when they determined the seaman had to prove that his role in the accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were wrong and they had instructed the jury that Norfolk was only responsible for negligence that directly caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. fela railroad settlements . 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 that leads to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and provide for their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies who operate railroads. FELA requires railroads to provide a safe work environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has did not fulfill their obligation of care by failing to provide them with a reasonably secure working environment and that their injury was the direct result of this failure. Some workers may find it difficult to meet this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. An attorney with experience in FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements can strengthen a worker's legal case by giving a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are known as “railway statutes” and require that rail corporations, and in some cases, their agents (like managers, supervisors or executives of companies) must comply with these rules in order to protect their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is enough to justify an injury claim under FELA. A typical example of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured due to this, they may be entitled compensation. However, the law stipulates that if the plaintiff contributed to the 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 set of federal laws that allows railroad employees and their families to recover substantial damages if they get injured while on the job. This includes compensation for the loss of earnings as well as benefits like medical expenses as well as disability benefits and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is to penalize the railroad and deter other railroads from engaging in similar conduct. Congress approved FELA in 1908 due to public outrage at the alarming rate of accidents and fatalities on the 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. Railroad workers who were injured and their families were frequently left without financial support during the time they were unable to work because of their injuries 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 has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions to those of his coworkers. The law allows for a trial by jury. If a railroad company is found to be in violation of federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove that it was negligent or even that it was a contributing to the cause of an accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad accidents. The right lawyer can help you file your claim and get the most benefits during the time you are not able to work because of your injury.