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Workers Compensation Vs Federal Employers Liability Act If workers in highrisk industries are injured they are typically protected by laws that require employers to higher standards of safety Federal Employers Liability Act is one example It protects railroad employees In order to be entitled to damages under FELA the worker must prove their injury was caused partly due to negligence on the part of the employer FELA against Workers Compensation There are differences between workers compensation and FELA even though both laws provide protection to employees These distinctions are related to the claims process as well as fault evaluation and the types of damages that are awarded in the event of death or injury Workers compensation laws offer immediate aid to injured workers regardless of who was responsible for the accident FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries FELA also permits workers to sue federal courts instead of the state workers compensation system and also allows a trial with a jury It also has specific rules for the calculation of damages For instance workers can be awarded compensation of up to 80 of their average weekly wage plus medical expenses and an appropriate cost of living allowance A FELA lawsuit may also include compensation for pain and discomfort To be successful in a FELA claim the worker must show that the railroads negligence was a factor in the resulting injury or death This is a higher requirement than the one required to win a workers compensation claim This requirement is a product of the history of FELA In 1908 Congress passed FELA to improve rail safety by permitting injured workers to sue for damages Despite the fact that railroad companies have been suing for over 100 years they continue to use 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 failures in protecting their employees It is crucial to seek legal advice as quickly as you can if you are railway worker who has been injured at work The best way to begin is to reach out to an approved BLET designated Legal Counsel DLC Click this link to find an approved DLC firm near you FELA vs Jones Act The Jones Act is federal law that permits seamen to sue their employers for any injuries or deaths they suffer during work The Jones Act was passed in 1920 as a way to safeguard sailors who risk their lives on the high seas or other navigable waters They are not covered under workers compensation laws unlike landbased employees It was closely modeled on the Federal Employers Liability Act FELA which covers railroad workers and was tailored to address the unique needs of maritime employees The Jones Act unlike workers compensation laws which restrict the amount of negligence compensation to the maximum amount of lost wages for injured workers provides unlimited liability in maritime cases involving negligence by employers The Jones Act does not require plaintiffs to prove that an employers negligence led to their death or injury The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past pain and suffering in the past and future loss of earnings capacity and mental distress A suit for seamanship under the Jones Act can be brought in either an state court or a federal court In a lawsuit brought under the Jones Act plaintiffs have the right to a trial by jury fela lawsuit settlements is a fundamentally different method than the majority of workers compensation laws which are typically legal and do not give the injured employee 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 seamans contribution to his or their own injury was subject to a higher standard of proof than the standard for proof in FELA cases The Court decided that the lower courts were right when they determined that the seamans involvement in his own accident has to be shown as having directly caused his or her injury Sorrell was awarded US15 million as compensation for his injury Sorrells employer Norfolk Southern argued that the courts instructions to the jury were not correct in that 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 an important distinction for injured workers working in highrisk sectors After an accident they can be compensated and provide for their families The FELA was passed in 1908 to recognize the inherent dangers associated with the job and to establish uniform liability standards for businesses that operate 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 tracks switches and other safety gear To be successful an injured worker must demonstrate that their employer has violated their duty of responsibility by failing to provide them with a reasonably safe working environment and that their injury was the direct result of the failure Some workers may have difficulty to meet this requirement especially if a defective piece equipment can be the cause of an accident A lawyer with experience in FELA claims can be of great assistance Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance 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 strengthen a workers FELA claim These laws are known as railway statutes and require that rail corporations and in some instances their agents like managers supervisors or executives of companies must comply with these rules in order to ensure the safety of their employees Violating these statutes can constitute negligence in and of itself meaning that a violation of any one of these rules is sufficient to support an injury claim under FELA If an automatic coupler grab iron or other device for railroads is not installed correctly or is damaged this is a common instance of a lawful railroad violation If an employee is injured because of this they may be entitled to compensation However the law also states that if the plaintiff was a contributor to the injury in any way even if minimal the amount they claim will be reduced FELA in opposition to Boiler Inspection Act FELA is a series of federal laws which allow railroad employees and their families to collect significant damages for injuries they sustained during work This includes compensation for loss of earnings and benefits such as medical costs disability payments and funeral expenses If an injury causes permanent impairment or death punitive damages may also be sought This is to punish the railroad and discourage other railroads from engaging similar conduct Congress passed FELA in 1908 as a result of public outrage over the appalling number of fatalities and accidents on the railroads Prior to FELA there was no legal basis for railroad workers to sue their employers when they were injured 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 injuries or negligence on the part of the railroad Under the FELA railroad workers who are injured can make a claim for damages in state or federal courts The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk with the concept of the concept of comparative fault The act determines the railroad workers 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 a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result It is not necessary for the railroad to prove it was negligent or even that it was a contributing to the cause of an accident It is also possible to make an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines If you are a railroad worker who has suffered an injury or injured you must immediately contact an experienced lawyer for railroad accidents The right lawyer can help you file a claim and obtain the maximum benefits in the event that you are in a position of no work because of your injury