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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are typically protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. To be able to claim damages under FELA workers must prove their injury was caused partially due to negligence on the part of the employer. FELA against. Workers' Compensation While both workers' compensation and FELA are laws that provide protection to employees, there are a few differences between the two. These distinctions are related to the claims process, fault assessment and types of damages that are awarded in the event of injury or death. Workers' compensation law gives rapid aid to injured workers, regardless of who was at fault for the accident. FELA, on the other hand demands that claimants prove that their railroad company was at least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts instead of the state's workers' compensation system and provides a jury trial. It also provides specific rules for determining damages. For example workers can be awarded compensation up to 80 percent of their average weekly wage, plus medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. To win a FELA claim the worker must show that the railroad's negligence was at the very least a factor in the injury or death. This is a higher level than that required to win a workers' compensation claim. This is a part of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for substantial damages if they were injured during their work. As a result of more than 100 years of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the railroad tracks, trains, yards and machine shops remain some of the most dangerous workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees. If you are a railway worker who was injured while on the job, it is crucial that you seek legal advice as soon as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to find the DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for injuries or deaths during work. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, as they are not covered by the laws on workers' compensation like those for employees on land. It was modeled after the Federal Employers Liability Act (FELA) which is a law that covers railroad employees. It was also designed to meet the needs of maritime employees. Contrary to the laws governing workers' compensation which limit the recovery for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. Additionally, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like the past and present pain and suffering, future loss of earning capacity as well as mental distress, for example. A suit for a seaman under the Jones Act can be brought either in the state court or in a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely new approach to the workers' compensation laws. Most of these laws are statutory and do not grant injured workers the right to trial by jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subjected to a higher standard of proof than FELA claims. The Court decided that the lower courts were right in determining that the seaman must prove his contribution to his accident directly caused his 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 not correct, since they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers who work in high-risk industries. This enables them to be compensated for their injuries and also to support their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the work. It also set up 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 locomotives to tracks, switches, and other safety equipment. To allow an injured worker to prevail in a claim they must show that their employer breached their duty of care by failing to provide a reasonably safe working environment and that the injury was a direct result of the inability. This rule can be difficult to meet for some workers, especially when a defective piece of equipment is involved in an accident. This is why having a lawyer with experience in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can help a worker's case by establishing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen the worker's FELA claim. These laws, also known 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. 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. A typical instance of a railroad statute violation is the case where an automatic coupler or grab iron is not properly installed or is defective. If an employee is injured as a result of this, they may be entitled compensation. However, the law also stipulates that if a plaintiff contributed to the injury in some way (even even if it was a minor cause), their claim may be reduced. fela law firm in opposition to. Boiler Inspection Act FELA is a set of federal laws which allows railroad workers and their family members to recover substantial damages if they get injured on the job. This includes compensation for loss of earnings as well as benefits like medical expenses as well as disability benefits and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim may be made for punitive damages. This is to punish the railroad and dissuade other railroads from engaging similar conduct. Congress passed FELA in 1908 due to public outrage over the appalling rate of accidents and fatalities on railroads. Prior to FELA there was no legal way for railroad workers to sue employers when they suffered injuries in the course of their work. Railroad workers injured and their families were often left without financial support during the period that they could not 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 law eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. The act determines the railroad worker's share of responsibility for an accident by comparing their actions to those of their coworkers. The law also allows for an open trial before a jury. If a railroad carrier violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. The railroad does not need to prove that it was negligent or that it contributed to an accident. You may also file an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you have been injured while working as a railroad worker you should contact an experienced railroad injury attorney immediately. A good lawyer can assist you in submitting your claim and receiving the most benefits possible for the time you are not working due to the injury.