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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that suffer injuries are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad employees. 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 while both laws provide protection to employees. These differences are based on the process of claiming, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA in contrast requires claimants to prove that their railroad employer was at least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts, instead of the state's workers' compensation system and provides a jury trial. It also sets specific rules for the calculation of damages. For example workers can be awarded an amount of compensation that is up to 80% of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort. In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least a factor in the injury or death. This is a higher standard than that required for a successful workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages. In the wake of more than 100 years of FELA litigation railway companies today regularly implement safer equipment, however the railway tracks, trains, yards and machine shops are one of the most hazardous workplaces. This is what makes FELA essential for ensuring the safety of all railway workers and taking action against employers' inability to safeguard their employees. It is important that you seek legal advice as soon as you can if are a railway worker who has been injured while at work. The best way to begin is to reach out to an approved designated Legal Counselor from BLET (DLC). Click here to find the DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for injuries or fatalities on the job. The Jones Act was passed in 1920 as a means to safeguard sailors who are at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was tailored to address the specific needs of maritime employees. In contrast to workers' compensation laws, which limit recovery for negligence to a maximum of the injured worker's 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 employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for unspecified damages like future and past pain and suffering in the past and future, loss of earnings capacity and mental distress. A seaman's claim under the Jones Act may be brought in a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a fundamentally new approach to workers' compensation laws. The majority of these laws are statutory and do not grant injured workers the right to trial by 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 subjected to a higher standard of proof than FELA claims. The Court ruled that the lower courts were right in determining that the seaman's involvement in his own accident must be shown to have directly caused the injury. Sorrell received US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries and to support their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for companies who operate railroads. fela lawyer requires that railroads provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. In order for an injured worker to prevail in a claim, they must prove that their employer acted in breach of their duty of care by failing to provide a safe working environment and that the injury occurred as the direct result of the negligence. This requirement can be difficult to meet for some workers, especially when a piece of equipment is involved in an accident. An attorney with experience in FELA claims can be a great help. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker by providing a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws are known as “railway statutes” and mandate that rail corporations, and in certain instances, their agents (like managers, supervisors or company executives) must follow 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 sufficient to support a claim for injuries under the FELA. An instance of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured due to this, they may be entitled compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in some way (even even if it was a minor cause) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a series of federal laws that permit railroad employees and their families to collect substantial damages from injuries sustained during work. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. In addition when an injury causes permanent impairment or death, a claim may be made for punitive damages. This is to penalize the railroad and deter other railroads from engaging similar behavior. Congress adopted FELA as a response to public outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal way for railroad employees to sue their employers if they were injured at work. Injured railroad workers, and their families, were often denied financial support during the time they were unable to work due to injuries or negligence on the part of the railroad. Under the FELA, railroad workers injured are able to seek damages in federal or state courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The act determines a railroader's share of responsibility for an accident by comparing their actions with the actions of their coworkers. The law also allows for an open trial before a jury. If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. The railroad is not required to prove negligence or that it contributed to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes. If you've been injured while working as a railroad employee, you should consult a skilled railroad injury lawyer right away. A reputable attorney will be able to assist you in filing your claim and getting the highest amount of benefits for the time you are not working due to your injury.