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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. Railroad workers, for example, have the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove that their injury was caused in part by negligence on the part of the employer. FELA Vs. Workers' Compensation There are differences between workers compensation and FELA although both laws provide protection to employees. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages that are awarded in the event of death or injury. Workers' compensation law offers quick relief to injured workers regardless of who is responsible for the accident. FELA requires that claimants show that their railroad employer is at least partly responsible for their injuries. In addition, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides the option of a jury trial. It also establishes specific rules for the calculation of damages. A worker can receive up to 80% their average weekly salary, plus medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit could also include compensation for pain and discomfort. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher standard than that required for a successful workers' compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to claim damages. Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks, as well as in their yards, machine shops, and other workplaces. This is what makes FELA important for ensuring the safety of all railway workers and taking action against employers' inability to protect their employees. If you are a railway worker who was injured on the job it is essential that you seek legal advice as soon as possible. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Click here to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law which allows seamen to sue their employers for injuries or deaths on the job. It was enacted in 1920 to protect seamen who risk their lives and limb 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 closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet the unique needs of maritime employees. Unlike workers' compensation laws, which limit 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. In addition under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent behavior. 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, past and future loss of earnings capacity and mental distress. A seaman's claim under the Jones Act may be brought in a state or federal court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a distinct method than the majority of workers' compensation laws, which are generally statutory and do not afford 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 contribution to their own injuries was subjected to a higher proof standard than in FELA claims. The Court held that lower courts were right when they ruled that a seaman must prove that his contribution to his accident directly caused his injury. Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk sectors. fela law firm enables them to be compensated for their injuries as well as support their families following an accident. The FELA was enacted in 1908 to acknowledge the inherent dangers of the job and to establish standard liability requirements for companies that manage railroads. FELA requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. To be successful an injured worker must demonstrate that their employer has violated their duty of responsibility by failing to provide them with a safe working environment, and that their injury was the direct result of this failure. Some employees may find it difficult to comply with this requirement, especially in the event that a defective piece of equipment is responsible for causing an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who understands the safety requirements for railroaders and the regulations that regulate 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 strengthen a worker’s FELA claim. These laws are referred to as “railway statutes” and mandate that rail corporations, and in certain instances, their agents (like managers, supervisors, or executives of companies) must follow 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 sufficient to support an injury claim under FELA. A common instance of railroad statute violations 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 to compensation. The law states that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a set of federal laws that allow railroad employees and their families to recover substantial damages for injuries sustained during work. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. In addition when an injury results in permanent impairment or death, a claim could be made for punitive damages. This is to punish the railroad and dissuade other railroads from engaging in similar conduct. Congress adopted FELA as a response to public outrage in 1908 about the alarming rate of accidents and deaths on railroads. Before FELA there was no legal way for railroad workers to sue employers for injuries they sustained on the job. Railroad workers who were injured and their families were often denied financial assistance during the time they were unable work due to their injury or negligence by the railroad. Under the FELA, railroad workers injured are able to seek damages in state or federal courts. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions to the actions of their coworkers. The law permits a trial by jury. If a railroad company violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible 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 accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes. If you have been injured while working as a railroad worker you must contact a seasoned railroad injury lawyer immediately. A good lawyer will be able to assist you in submitting your claim and obtaining the highest amount of benefits for the time you aren't working because of your injury.