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Workers Compensation Vs Federal Employers Liability Act If workers in highrisk industries are injured they are usually protected by laws that hold employers to higher safety standards Railroad workers for instance have the Federal Employers Liability Act FELA To be able to claim damages under FELA workers must prove their injury was caused at least partially due to negligence on the part of the employer FELA vs Workers Compensation While both workers compensation and FELA are laws that offer protection to employees there are significant differences between them fela accident attorney are related to the claims process fault evaluation and the types of damages that are awarded for death or injury Workers compensation laws provide immediate relief to injured workers regardless of who was at fault for the accident FELA however requires that claimants demonstrate that their railroad employer was at a minimum partially accountable for their injuries FELA also allows plaintiffs to sue federal courts in lieu of the state workers compensation system and provides a trial by jury It also provides specific rules for determining damage For instance workers can be awarded compensation up to 80 percent of their weekly earnings as well as medical expenses and an appropriate cost of living allowance Moreover a FELA suit may include additional compensation for pain and suffering In order to win a FELA claim a worker must prove that the railroads negligence was at the very least an element in the cause of injury or death This is a higher standard than that required for a successful claim under workers compensation This is a result of the FELAs history In 1908 Congress passed FELA to enhance rail safety by allowing injured workers to claim damages As a result of over 100 years of FELA litigation railway companies now regularly adopt and use safer equipment however the railway tracks trains yards and machine shops are still among the most dangerous workplaces This makes FELA important for ensuring the safety of all railway workers as well as taking action against employers inability to safeguard their employees It is important that you seek legal counsel as soon as you can if you are a railway worker who has been injured while at work Contacting a BLET designated 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 federal law which allows seamen to sue their employers for injuries or deaths during work The Jones Act was passed in 1920 to provide a means to safeguard sailors who put their lives at risk on the high seas or other navigable waters They are not covered by workers compensation laws unlike workers on land It was modeled after the Federal Employers Liability Act FELA which covers railroad employees It was also designed to accommodate the needs of maritime workers In contrast to workers compensation laws which limit the recovery for negligence to a maximum of an injured workers lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence 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 damages that are not specified like future and past pain and suffering as well as future and past loss of earnings capacity and mental distress A claim for seamanship under the Jones Act can be brought in an state court or a federal court In a lawsuit brought under the Jones Act plaintiffs have the right to a trial by jury This is a completely different method than the majority of workers compensation laws which are generally statutory and do not afford injured employees the right to a jury trial In the case of Norfolk Southern Railway Company v Sorrell the US Supreme Court was requested to clarify if a seamans contribution to their own injury was subject to a more strict evidence standard than FELA claims The Court ruled that the lower courts were right in determining that a seamans role in his own accident has to be shown as having directly caused his or her injury Sorrell received US15 million in compensation for his injuries Norfolk Southern Sorrells employer asserted that the guidelines given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely responsible for negligence that directly caused his injury Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same Safety Appliance Act vs FELA In contrast to the laws governing workers compensation 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 support their families The FELA which was passed in 1908 was an acknowledgment of the inherent dangers of the job It also established uniform standards for liability 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 locomotives and cars 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 failing to provide a reasonably safe working environment and that the injury was a direct result of the failure This requirement can be difficult to fulfill for some workers particularly when a malfunctioning piece of equipment is involved in an accident This is why an attorney who has expertise in FELA cases can help A lawyer who knows the safety requirements for railroaders and the regulations that regulate these requirements can help strengthen the legal case of a worker by giving a solid legal basis Some railroad laws that can strengthen the 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 cases their agents such as managers supervisors or company executives must adhere to these regulations to ensure the safety of their employees Violating these statutes can constitute negligence by itself which means that a violation of any one of these rules is enough to justify an injury claim under FELA If an automatic coupler grab iron or other railroad device is not installed correctly or is defective this is a common instance of a lawful railroad violation This is an obvious violation of the Safety Appliance Act and should an employee be injured due to the incident the employee may be entitled to compensation The law stipulates that the claim of the plaintiff may be reduced if they contributed in any way to the injury even if it is minimal FELA vs Boiler Inspection Act FELA is a set of federal laws that allows railroad employees and their families to claim significant damages if they get injured while working This includes the compensation for lost earnings and benefits such as disability payments medical expenses and funeral costs If an injury results in permanent impairment or death punitive damages may also be claimed This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar conduct Congress adopted FELA in response to the publics outrage in 1908 at the shocking rate of accidents and deaths on railroads Prior to FELA there was no legal basis for railroad workers to sue their employers if they suffered injuries on the job Injured railroad workers and their families were often left without financial support during the time they were unable work due to their injury or negligence by the railroad Railroad workers who are injured can bring claims for damages under FELA in either state or federal court The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk with a system based on the concept of comparative fault The law determines a railroad workers share of responsibility for an accident by comparing their actions to the actions of their coworkers The law also allows for an open trial before a jury If a railroad carrier violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result This does not mean that the railroad to prove that it was negligent or that it was a contributory to the cause of an accident You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act If you have been injured on the job as a railroad employee you should consult a skilled railroad injury attorney immediately A qualified lawyer can assist you file a claim and get the maximum amount of compensation for the time you are unable to work due to your injury