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Workers Compensation Vs Federal Employers Liability Act When workers in highrisk sectors are injured they are generally protected by laws that hold employers to higher safety standards Railroad workers for example have the Federal Employers Liability Act FELA In order to be entitled to damages under FELA a worker must prove that their injury was caused at the very least in part by negligence on the part of the employer FELA vs Workers Compensation There are some differences between workers compensation and FELA although both laws provide protection for employees These distinctions are related to the claims process as well as fault assessment and the types of damages that are awarded in the event of injury or death Workers compensation law offers quick relief to injured workers regardless of who was responsible for the accident FELA however however requires that claimants demonstrate that their railroad employer was at least partly accountable for their injuries In addition FELA allows workers to sue in federal court instead of the states worker compensation system It also provides the option of a jury trial It also establishes specific rules for determining damage A worker could receive up to 80 of their weekly average wage plus medical expenses and an appropriate costofliving allowance Furthermore a FELA suit could also include compensation for pain and suffering For a worker to succeed in a FELA case they must show that the railroads negligence was at least a small part in the death or injury This is a higher level than what is required to win a workers compensation claim This is a consequence of the history of FELA In 1908 Congress passed FELA in order to improve security on rails by permitting workers to sue for significant damages if they were injured during their work As a result of over a century of FELA litigation railway companies today regularly implement safer equipment however the railroad tracks trains yards and machine shops are still one of the most hazardous workplaces FELA is crucial to ensure the safety of railway workers and to correct employers negligence in protecting their employees If you are a railway worker who has been injured in the course of work it is crucial to seek legal advice as quickly as you can Contacting a BLET designated legal counsel DLC firm is the best way to begin Click here to find a BLETapproved DLC firm near you FELA vs Jones Act The Jones Act is federal law that allows seafarers to sue their employer for injuries or fatalities while on the job The Jones Act was enacted in 1920 as a way to protect sailors who risk their lives on the high seas or other navigable waters They are not covered under workers compensation laws unlike employees who work on land It was modeled after the Federal Employers Liability Act FELA which is which covers railroad employees It was also designed to meet the needs of maritime employees In contrast to workers compensation laws which limit the recovery for negligence to a maximum amount of an injured workers lost wages the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence The Jones Act does not require plaintiffs to prove that an employers negligence caused their death or injury The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain past and future loss of earnings capacity and mental distress A claim by a seaman under the Jones Act may be brought in either a state or federal court In a case brought under the Jones Act plaintiffs have the right to a jury trial This is a completely different approach to the majority of workers compensation laws which are generally legal and do not give injured workers the right to a trial by jury 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 his own injury was subject to a higher standard of proof than the standard for evidence in FELA cases The Court decided that the lower courts were right when they determined a seaman must prove that his role in the accident directly caused his injury Sorrell was awarded US15 million as compensation for his injury Norfolk Southern Sorrells employer argued that the instructions given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was only responsible for negligence that directly caused his injury Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases Safety Appliance Act vs FELA Unlike workers compensation laws and the Federal Employers Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries This is an important distinction for injured workers who work in highrisk sectors After an accident they are able to be compensated and support their families The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to set up uniform liability standards for businesses who operate railroads FELA requires that railroads provide a safe workplace for their employees This includes the use of properly repaired and maintained equipment This includes everything from cars and locomotives to tracks switches and other safety equipment To be successful an injured worker must prove that their employer breached their obligation to them by failing to provide them with a reasonably safe working environment and that their injury resulted directly from this failure This rule can be difficult to meet for some workers particularly when a piece of equipment is involved in an accident This is why an attorney who has 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 Certain railroad laws that could help 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 supervisors managers or company executives adhere to these rules to ensure the safety of their employees Infractions to these laws could be considered to be negligence in and of themselves meaning that a violation is enough to support a claim for injury under the FELA If an automatic coupler grab iron or another railroad device isnt installed correctly or is damaged this is a common instance of a railroad law violation This is clearly a violation of the Safety Appliance Act and if an employee is hurt due to the incident the employee may be entitled to compensation However the law also states that if the plaintiff contributed to their injury in some way even if minimal the amount they claim will be reduced FELA Vs Boiler Inspection Act FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they get injured on the job This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses If an injury causes permanent impairment or death punitive damages can also be claimed This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar actions Congress adopted FELA in 1908 as a result of public outrage over the appalling number of fatalities and accidents on the railroads Before FELA there was no legal mechanism for railroad workers to sue their employers when they were injured on the job Injured railroad workers and their families were frequently left without financial support during the time they were unable to work because of their injuries or the negligence of the railroad Under the FELA railroad workers who suffer injuries are able to make a claim for damages in federal or state courts The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with the concept of comparative fault The law determines the railroad workers share of responsibility for an accident by comparing their actions with those of their coworkers The law permits a trial by jury If fela law firm violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries resulting from the violation This does not mean that the railroad to prove it was negligent or even that it was a contributory cause of an accident You can also bring an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act If you have been injured while working as a railroad worker you must contact a seasoned railroad injury attorney immediately A good lawyer can help you file your claim and obtain the most benefits in the event that you are unable to work due to your injury