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7 Simple Tricks To Totally Enjoying Your Federal Employers
Workers Compensation Vs Federal Employers Liability Act 
 
When workers in high-risk sectors are injured, they are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). 
 
In order to recover damages under FELA workers must prove their injury was caused in part by negligence on the part of the employer. 
 
Workers' Compensation vs. FELA 
 
While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between them. These differences are based on the process of filing claims, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation law provides immediate relief to injured workers regardless of who was responsible for the accident. FELA however, in contrast, requires that claimants demonstrate that their railroad company was at least partly accountable for their injuries. 
 
 
In addition, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides the option of a jury trial. It also has specific rules for the calculation of damages. A worker can receive up to 80% their average weekly salary, as well as medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for pain and discomfort. 
 
To be successful for a worker in a FELA case, they must show that the railroad's negligence was at least a part in the resulting injury or death. This is a higher requirement than what is required for a successful workers compensation claim. This requirement is a product of the history of FELA. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for large damages if they were injured during their job. 
 
Despite the fact that railroad companies have been suing for over a century, they still employ dangerous equipment and train tracks, as well as in their machines shops, yards and other work areas. FELA is essential to ensure the safety of railway workers and to tackle employers' inability to protect their employees. 
 
If you are a railway worker who was injured in the course of work, it is crucial that you seek legal advice as soon as you can. The best way to start is to contact the BLET designated Legal Counsel (DLC). Follow this link to find an approved DLC firm near you. 
 
FELA vs. Jones Act 
 
The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities during work. 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 by workers' compensation laws unlike land-based employees. fela lawsuits was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was specifically designed to meet the unique requirements of maritime workers. 
 
Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of the injured worker's 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 employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages, such as the past and present pain and suffering, future loss of earning capacity and mental distress, among others. 
 
A claim against seamanship under the Jones Act can be brought either in a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely new approach to the laws governing workers' compensation. Most of these laws are statutory and do not give injured employees the right to a trial before a jury. 
 
In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's involvement in their own injury was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were right when they determined that the seaman's involvement in his own accident must be shown as having directly caused the injury. 
 
Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. 
 
FELA Vs. Safety Appliance Act 
 
The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a major distinction for injured workers in high-risk sectors. This enables them to be compensated for their injuries and also to take care of their families following an accident. The FELA that was enacted in 1908, was an acknowledgement of the inherent risks of the job. It also established uniform standards for liability. 
 
FELA requires that railroads provide a safe workplace 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 prevail in a claim they must show that their employer acted in breach of their duty of care by not providing a safe work environment and that the injury was a direct result of the inability. 
 
This requirement may be a challenge for some workers, particularly when a defective piece of equipment is involved in an accident. This is why having a lawyer with experience in FELA cases can be helpful. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements can strengthen a worker's legal case by giving a solid legal basis. 
 
The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and mandate that rail corporations, and in certain instances their agents (like managers, supervisors, or executives of companies) must adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA. 
 
When an automatic coupler, grab iron, or any other railroad device is not installed properly or is damaged it is a typical instance of a railroad law violation. This is a clear violation of the Safety Appliance Act, and when an employee is injured because of it the employee may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even when the injury is not severe). 
 
FELA Vs. Boiler Inspection Act 
 
FELA is a series of federal laws that permit railroad workers and their families to claim significant damages for injuries they sustained on the job. This includes compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. In addition when an injury results in permanent impairment or death, a claim can be made for punitive damages. This is 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 way 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 assistance during the time they were unable to work due to their injuries or negligence on the part of the railroad. 
 
Under the FELA, railroad workers who suffer injuries are able to seek damages in federal or state courts. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing the concept of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his or her actions to those of coworkers. The law also allows for the possibility of a jury trial. 
 
If a railroad carrier violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad does not have to prove that it was negligent or the fact that it caused an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. 
 
If you have been injured while working as a railroad worker you should consult a skilled railroad injury attorney immediately. A good lawyer can help you file your claim and receive the maximum benefits in the event that you are not able to work because of your injury.