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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad employees. In order to recover damages under FELA, a worker must prove their injury was caused at least partly due to negligence on the part 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 the two. These distinctions are related to the process of filing claims, fault assessment and types of damages awarded in instances of injury or death. fela lawyers provide immediate relief to injured workers regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad company is at a minimum partly responsible for their injuries. FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and also allows a trial with a jury. It also establishes specific rules for determining damage. For example an employee can receive compensation up to 80% of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. Additionally an FELA suit may include additional compensation for pain and suffering. In order for a worker to be successful in a FELA case they must prove that the railroad's negligence was at least a role in the death or injury. This is a higher requirement than what is required for a successful workers compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to claim damages. As a result of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, however the railway tracks, trains, yards and machine shops are among the most dangerous work environments. This is what makes FELA crucial for ensuring safety of all railway workers as well as addressing employers' failures to protect their employees. If you are a railway employee who has been injured while on the job it is imperative to seek legal advice as quickly as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find the DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed in 1920 to provide a means to protect sailors who are at risk on the high seas and 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 was which covers railroad employees. It was also crafted to accommodate the 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 involving employer negligence. 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 allows injured seamen to sue their employers in order to recover damages that are not specified, such as the past and present suffering and pain, future loss of earning capacity and mental distress, among others. A claim for seamanship under the Jones Act can be brought either in the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory and do not grant injured employees the right to trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court held that lower courts were right in determining that a seaman must prove that his involvement in the 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 incorrect, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk claimed 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 significant distinction for injured workers working in high-risk industries. This allows them to be compensated for their injuries and also to take care of their families following an accident. The FELA, which was passed in 1908 was an acknowledgement of the inherent dangers of the work. It also established uniform liability standards. 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 cars and trains to switches, tracks, and other safety equipment. In order for an injured worker to be successful in a claim, they must prove that their employer breached their duty of care by not providing a safe working environment and that the injury occurred as the direct result of this failure. Some workers may find it difficult to meet this requirement, especially if a defective piece equipment is involved in causing an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can help 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 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. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation is sufficient to justify a claim for injuries under the FELA. An instance of railroad statute violations is when an automatic coupler or grab iron is not properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and when an employee is injured as a result the employee may be entitled to compensation. The law states that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even even if the injury is minor). FELA vs. Boiler Inspection Act FELA is a series of federal laws that allow railroad workers and their families to recover substantial damages for injuries sustained on the job. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar conduct. Congress passed FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on the railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained while on the job. Railroad workers who were injured and their families were often left without adequate financial assistance during the time they were unable to work due to accident or negligence of the railroad. Under the FELA, railroad workers who suffer injuries are able to make a claim for damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk with the concept of comparative fault. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law also allows for a jury trial. If a railroad carrier violates any of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not have to prove negligence or contribute to an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has been injured and you need to immediately seek out an experienced railroad injury lawyer. A good lawyer can help you file your claim and get the most benefits in the event that you are in a position of no work because of your injury.