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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 Federal Employers Liability Act is one example It protects railroad workers To be able to claim damages under the FELA the plaintiff must prove that their injury was at least partially caused through the negligence of the employer Workers Compensation vs FELA There are differences between workers compensation and FELA even though both laws provide protection for employees These differences relate to the process of submitting claims fault evaluation and the types of damages awarded for death or injury Workers compensation law gives immediate relief to injured workers regardless of who is at fault for the accident FELA requires that claimants show that their railroad company is at the very least partially responsible for their injuries In addition FELA allows workers to sue federal courts instead of the states worker compensation system It also provides a jury trial It also provides specific rules for determining damages A worker can receive up to 80 of their average weekly salary plus medical expenses and an appropriate costofliving allowance Moreover an FELA suit could include compensation for pain and suffering In order for a worker to be successful in a FELA case they must show that the railroads negligence was at least a role in the death or injury This is a much more stringent requirement than that needed for a successful claim under workers compensation This is a part of the history of FELA In 1908 Congress passed FELA to improve rail safety by permitting injured workers to sue for damages As a result of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment but railroad tracks trains yards and machine shops remain one of the most hazardous workplaces FELA is crucial to ensure the safety of railway workers and to correct employers failures in protecting their employees It is essential to seek legal advice as soon as you can if you are a railway worker who has been injured at work Contacting a BLET designated legal counsel DLC firm is the best way to get started Click here to find an approved DLC firm near you FELA vs Jones Act The Jones Act is federal law that permits seafarers to sue their employers for injuries or fatalities on the job It was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters since they are not covered by the laws on workers compensation like those that cover landbased workers It was modeled on the Federal Employers Liability Act FELA which is which protects railroad workers It was also designed to meet the needs of maritime workers The Jones Act unlike workers compensation laws that restrict the amount of negligence recovery to the maximum amount of lost wages for an injured worker provides unlimited liability in maritime cases involving negligence by employers In addition to this under the Jones Act plaintiffs are not required to prove that their injuries or deaths were directly caused by an employers negligent behavior The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including the past and present suffering and pain future loss of earning capacity and mental distress among others A suit for a seaman under the Jones Act can be brought in either the state court or in a federal court In a suit under the Jones Act plaintiffs have the right to a jury trial This is a completely 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 Norfolk Southern Railway Company v Sorrell the US Supreme Court was requested to clarify if a seamans involvement in their own injury was subject to a more strict evidence standard than FELA claims The Court ruled the lower courts were right when they determined the seaman had to prove that his involvement in the accident directly caused his injury Sorrell was awarded US15 million for his injury Sorrells employer Norfolk Southern argued that the trial courts instructions to the jury were incorrect as 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 FELA vs Safety Appliance Act In contrast to the laws governing workers compensation and the Federal Employers Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries This is a major distinction for injured workers in highrisk industries After an accident they will be compensated and provide for their families The FELA was enacted in 1908 to recognize the inherent dangers of the work 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 tracks switches and other safety equipment In order for an injured worker to succeed in a lawsuit they must prove that their employer violated their duty of care by failing to provide a reasonably safe working environment and that the injury was a direct result of that failure This rule can be difficult to fulfill for some workers particularly when a malfunctioning piece of equipment is involved in an accident This is why a lawyer with experience in FELA cases can be helpful A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by establishing a solid legal basis The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a workers FELA claim These laws are known as railway statutes and require that rail corporations and in some cases their agents like managers supervisors or executives of companies must adhere to these rules to protect their employees Violation of these laws could be considered negligence per se meaning that a violation of one of these rules is enough to justify an injury claim under FELA A typical illustration of a railroad statute violation is the case where an automatic coupler or grab iron isnt properly installed or has a defect This is a clear violation of the Safety Appliance Act and when an employee is injured due to the incident they may be entitled to compensation However the law also stipulates that if a plaintiff was a contributor to the injury in some way even even if it was a minor cause their claim may be reduced fela railroad settlements Boiler Inspection Act FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they get injured while on the job This includes compensation for the loss of earnings and benefits including medical expenses disability payments and funeral expenses Additionally if an injury results in permanent impairment or death a claim can be made for punitive damages This is a way to penalize railroads for negligent actions and discourage other railroads from engaging in similar actions Congress passed FELA in 1908 in response to public outrage over the appalling rate of accidents and fatalities on railroads Prior to FELA there was no legal mechanism for railroad workers to sue their employers when they were injured on the job Railroad workers who were injured and their families were often left without adequate financial assistance during the time that they were unable to work because of their injuries or the negligence of the railroad Railroad workers who are injured can bring claims for damages under FELA in either federal or state court The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault This means that the railroad workers share of the responsibility for an accident is determined by comparing his actions to those of his coworkers The law allows for an investigation by jury If a railroad company violates any of the federal railroad safety laws 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 cause of an accident It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries A good lawyer can help you file your claim and receive the maximum amount of compensation in the event that you are unable to work due to the injury