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Workers Compensation Vs Federal Employers Liability Act If workers in highrisk industries are injured they are generally protected by laws that hold employers to higher standards of safety Federal Employers Liability Act is one example fela railroad settlements protects railroad workers In order to recover damages under FELA the worker must prove their injury was caused partially due to negligence on the part of the employer Workers Compensation vs FELA There are some differences between workers compensation and FELA although both laws provide protection for employees These distinctions are related to the process of claiming fault assessment and types of damages awarded in instances of death or injury Workers compensation laws offer immediate aid to injured workers regardless of who is at fault for the accident FELA on the other hand demands that claimants prove that their railroad employer was at least partly responsible for their injuries FELA also allows 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 damages A worker may receive up to 80 of their average weekly wage as well as medical expenses and a reasonable costofliving benefit Additionally a FELA suit could also include compensation for pain and suffering To win a FELA claim the worker must show that the railroads negligence was at least a factor in the resulting injury or death This is a much higher standard than that required for a successful claim under workers compensation This is a consequence of the FELAs past In 1908 Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for large damages if they suffered injuries during their employment Despite the fact that railroad companies have been suing for more than 100 years they continue to employ dangerous equipment and train tracks as well as in their yards machine shops and other work areas FELA is crucial to ensure the safety of railway workers and to address employers negligence in protecting their employees If you are a railway worker who has been injured on the job it is crucial to seek legal advice as quickly as you can The best method to start is to reach out to a BLET designated Legal Counsel DLC Click here to locate a DLC firm in your region FELA vs Jones Act The Jones Act is federal law which allows seafarers to sue their employers for any injuries or deaths they suffer while on the job The Jones Act was passed in 1920 to provide a means to safeguard sailors who are at risk on the high seas and other navigable waters They are not covered under workers compensation laws unlike employees who work on land It was modeled on the Federal Employers Liability Act FELA which is which protects railroad workers It was also tailored to accommodate the needs of maritime workers The Jones Act unlike workers compensation laws which restrict the amount of compensation for negligence to the maximum amount of lost wages for an injured worker provides unlimited liability in maritime cases that involve negligence by employers In addition under the Jones Act plaintiffs are not required to prove that their injuries or deaths were directly caused by the negligence of an employers actions The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages such as the past and present pain and suffering future loss of earning capacity mental distress etc A claim against a seaman in the Jones Act can be brought either in an state court or a federal court In a suit under the Jones Act plaintiffs have the right to a trial by jury This is a completely different approach to the majority of workers compensation laws which are typically statutebased and do not grant the injured employee the right to a jury trial 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 their own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases The Court held that the lower courts were right when they determined that the seamans involvement in his own accident must be proven to have directly contributed to his or her injury Sorrell was awarded US15 million for his injury Norfolk Southern Sorrells employer argued that the instructions given to the jury by the trial court were incorrect as they instructed the jury that Norfolk was solely responsible for the negligence that caused the 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 The Federal Employers Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries This is a crucial distinction for injured workers who work in highrisk industries This allows workers to receive compensation for their injuries as well as take care of their families following an accident The FELA law which was passed in 1908 was a recognition of the inherent dangers of the work It also set up uniform standards for liability FELA requires railroads to provide a safe working 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 prove that their employer violated their duty of responsibility by not providing them with a reasonably secure working environment and that their injury was the direct result of this failure This rule can be difficult to fulfill for some workers particularly when a piece of equipment is involved in an accident An experienced lawyer who has experience with FELA claims can be a great help A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements can help bolster the legal case of a worker by giving a solid legal basis Some railroad laws that may aid a workers FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act These laws are referred to as railway statutes and require that railroad corporations and in certain instances their agents like managers supervisors or company executives must adhere to these rules to ensure the safety of their employees Violations of these statutes may be considered to be negligence in and of themselves meaning that a violation can be considered sufficient to support a claim for injury under the FELA When an automatic coupler grab iron or other railroad device is not installed properly or is defective it is a typical instance of a railroad law violation If an employee is injured because of this they may be entitled compensation The law stipulates that the claim of the plaintiff could be reduced if they contributed in any way to the injury even if it is minimal Boiler Inspection Act vs FELA FELA is a set of federal laws which allows railroad employees and their families to claim significant damages if they are injured while on the job This includes compensation for lost earnings and benefits such as disability payments medical expenses and funeral expenses If an injury results in permanent impairment or death punitive damages may also be claimed This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar actions Congress adopted FELA in 1908 as a result of public outrage over the appalling rate of accidents and fatalities on the railroads Before FELA there was no legal avenue for railroad workers to sue their employers for injuries they sustained in the course of their work Injured railroad workers and their families were frequently left without adequate financial support during the time they were unable to work due to their injury or the negligence of the railroad Under the FELA railroad workers injured can file a claim for damages in federal or state courts The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with a system based on comparative fault This means that a railroad workers portion of the blame for an accident is determined by comparing his actions to those of coworkers The law allows for an investigation by jury If a railroad operator violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries resulting from the violation 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 can also bring a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act If you have been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer immediately A good lawyer can assist you in submitting your claim and getting the maximum benefits available during the time that you arent working because of the injury