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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA). To claim damages under the FELA, a victim must be able to prove that their injuries were at a minimum, caused due to the negligence of their employer. Workers' Compensation vs. FELA While both workers compensation and FELA are laws that offer protections to employees, there are a few differences between the two. These distinctions are related to the process of submitting claims as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation law offers immediate assistance to injured workers regardless of who was responsible for the accident. FELA in contrast requires claimants to prove that their railroad company was at a minimum partially responsible for their injuries. FELA also permits workers to sue federal courts instead of the state workers' compensation system and provides a trial by jury. It also establishes specific rules for the determination of damages. For instance workers can be awarded an amount of compensation that is up to 80% of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. Moreover the 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 injury or death. This is a higher requirement than that required to win a workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages. As a result of more than a century of FELA litigation railway companies today regularly adopt and use safer equipment, but the railroad tracks, trains, yards and machine shops are among the most dangerous places to work. This makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to protect their employees. If you are a railway employee who has suffered an injury in the course of work it is imperative that you seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Click here to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. The Jones Act was enacted in 1920 as a means to safeguard sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws, unlike workers on land. It was modeled on the Federal Employers' Liability Act (FELA) which was which protects railroad workers. It was also designed to accommodate the needs of maritime employees. In contrast to workers' compensation laws which limit the recovery for negligence to a maximum amount of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by the negligence of an employer's conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering, past and future loss of earnings capacity and mental distress. A seaman's claim under the Jones Act may be brought in either a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a completely new approach to workers' compensation laws. The majority of these laws are statutory and do not give injured employees the right to a 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 their own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court decided that the lower courts were right when they determined that the seaman's involvement in his own accident must be proved as having directly caused his or her injury. Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk sectors. This enables workers to receive compensation for their injuries as well as maintain their families after an accident. The FELA, which was passed in 1908 was an acknowledgement of the inherent hazards of the job. It also established uniform liability standards. FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. To allow an injured worker to succeed in a lawsuit they must show that their employer breached their duty of care by failing to provide a reasonably safe work environment and that the injury occurred as the direct result of that negligence. This rule can be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. This is why an attorney who has experience in FELA cases can help. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker by providing a strong legal foundation. Certain railroad laws that could aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as “railway statues,” require that rail corporations and, in some instances, their agents (such as managers, supervisors, or company executives) adhere to these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is sufficient to justify an injury claim under FELA. If an automatic coupler grab iron or other device for railroads is not installed properly or is defective, this is a common instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt as a result they could be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to the injury in some way (even the injury is not severe) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad employees and their families to claim significant damages for injuries they caused during work. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and 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 discourage other railroads from engaging in similar behavior. Congress passed FELA in 1908 in response to public outrage over the appalling rate of fatalities and accidents on the railroads. Prior to fela case settlements there was no legal way for railroad employees to sue their employers if they suffered injuries at work. Railroad workers injured and their families were often left without financial assistance during the time that they could not work due to their injury or the negligence of the railroad. Under the FELA, railroad workers who are injured can make a claim for damages in state or federal courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The law determines the railroad worker's part of the blame for an accident by comparing their actions to those of their coworkers. The law allows for an investigation by jury. If a railroad carrier violates one of the federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not require the railroad to prove it was negligent or that it was a to the accident. You can also bring an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you've been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. A good lawyer can help you file your claim and obtain the most benefits for the time you are not able to work because of the injury.