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Workers Compensation Vs Federal Employers Liability Act In highrisk industries workers who are injured are usually protected by laws that hold employers to higher standards of safety Railroad workers for example have the Federal Employers Liability Act FELA To claim damages under the FELA a victim must prove that their injury was at a minimum caused due to the negligence of their employer Workers Compensation vs FELA While both workers compensation and FELA are laws that provide protections to employees there are significant differences between the two These differences 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 law offers rapid relief to injured workers regardless of who was responsible for the accident FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries In addition FELA allows workers to sue federal courts rather than the states workers compensation system and provides the option of a jury trial It also establishes specific guidelines for the calculation of damages For instance an employee can receive an amount of compensation that is up to 80 of their average weekly earnings as well as medical expenses and a reasonable cost of living allowance A FELA lawsuit may also include compensation for pain and discomfort In order to win a FELA claim the worker must show that the railroads negligence was at least a factor in the injury or death This is a far more stringent requirement than that needed to be successful in a claim under workers compensation This requirement is a product of the history of FELA In 1908 Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for substantial damages if they suffered injuries during their job Despite the fact that railroad companies have been suing for over 100 years they employ dangerous equipment and train tracks as well as in their machine shops yards and other work areas This makes FELA essential for ensuring the safety of all railway workers as well as addressing employers failures to safeguard their employees It is essential to seek legal counsel as soon as you can if you are railway worker who has been injured at work The best way to begin is to reach out to the BLET designated Legal Counsel DLC Click this link to find a BLETapproved DLC firm near you FELA vs Jones Act The Jones Act is federal law which allows seamen 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 for landbased workers It was closely modeled on the Federal Employers Liability Act FELA which protects railroad workers and was designed to meet the unique requirements of maritime workers In contrast to workers compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured workers lost wages the Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence The Jones Act does not require plaintiffs to prove that their 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 as well as future and past loss of earnings capacity and mental distress A claim by a seaman under the Jones Act may be brought in either a federal or state court Plaintiffs in a suit brought under the Jones Act have the right to jury trial 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 trial by jury In the case of Norfolk Southern Railway Company v Sorrell the US Supreme Court was requested to clarify whether a seamans contribution to their own injury was subject to a more strict evidence standard than FELA claims The Court decided that the lower courts were correct when they determined that a seamans contribution to his own accident has to be shown to have directly caused his or her injury Sorrell received US15 million as compensation for his injury Sorrells employer Norfolk Southern argued that the trial courts instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury Norfolk argued 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 in contrast the Federal Employers Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries This is a significant distinction for injured workers in highrisk industries This allows workers to receive compensation for their injuries and also to take care of their families following an accident The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish standard liability requirements for companies 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 cars and locomotives to tracks switches and other safety equipment To be successful an injured worker must show that their employer did not fulfill their obligation of care by not providing them with a safe working environment and that their injury was the direct result of this failure This rule can be difficult to fulfill for some workers especially when a malfunctioning piece of equipment is involved in an accident This is why an attorney who has experience in FELA cases can be of assistance A lawyer who understands the safety requirements for railroaders as well as the regulations that govern these requirements can strengthen a workers legal case by providing a solid legal base 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 managers supervisors or company executives adhere to these rules to ensure the safety of their employees railroad injury fela lawyer of these statutes could be considered negligence in and of themselves meaning that a violation is sufficient to support a claim of injuries under the FELA A common example of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect This is clearly a violation of the Safety Appliance Act and should an employee be injured due to the incident they could be entitled to compensation The law states that the claim of the plaintiff could be reduced if they were responsible in any way to the injury even even if the injury is minor Boiler Inspection Act vs FELA FELA is a series of federal laws which allow railroad workers and their families to claim significant damages for injuries they sustained on the job This includes compensation for the loss of earnings and benefits like medical expenses or disability payments as well as funeral expenses Additionally in the event that an injury results in permanent impairment or death a claim can be made for punitive damages This is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar behavior Congress passed FELA as a response to public outrage in 1908 over the shocking rate of fatalities and accidents on railroads Prior to FELA there was no legal basis for railroad workers to sue their employers when they were hurt in the course of their work Railroad workers who were injured and their families were often left without financial aid during the time they were unable work because of their injuries or negligence on the part of the railroad Injured railroad workers can bring claims for damages under FELA in either state or federal court The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault This means that a railroad workers portion of the blame for an accident is determined by comparing his actions to those of his coworkers The law permits an investigation by jury If a railroad operator violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it The railroad is not required to prove that it was negligent or contribute to an accident You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act If youve been injured on the job as a railroad employee you should contact an experienced railroad injury lawyer right away The right lawyer will be able to assist you in filing your claim and receiving the highest amount of benefits during the time that you arent working because of your injury