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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are typically protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. In order to recover damages under FELA, a worker must prove their injury was caused in part by negligence on the part of the employer. FELA Vs. Workers' Compensation There are differences between workers compensation and FELA although both laws offer protection to employees. These differences are related to the claims process as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation laws provide immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants show that their railroad's employer is at least partially responsible for their injuries. FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and provides a trial by jury. It also sets specific rules for determining damages. A worker can receive up to 80% their weekly average wage, together with medical expenses, as well as a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for discomfort and pain. In order to win a FELA claim the worker must show that the railroad's negligence was at least a factor in the injury or death. This is a higher standard than that required for a successful claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to claim damages. As a result of over a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but trains, tracks, railroad yards and machine shops are still among the most dangerous places to work. FELA is crucial to ensure the safety of railway workers and to tackle employers' inability to protect their employees. It is crucial to seek legal advice as soon as you can if are railway worker who is injured at work. The best method to start is to contact the designated Legal Counselor from BLET (DLC). Follow this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. 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, as they are not covered by the laws on workers' compensation similar to those that protect land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was tailored to address the specific requirements of maritime workers. The Jones Act, unlike workers' compensation laws that restrict the amount of negligence compensation to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified, such as the suffering and pain, future loss of earning capacity, mental distress, etc. A seaman's claim under the Jones Act may be brought in either a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely different approach than most workers' compensation laws, which are generally legal and do not give injured employees the right to a trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or her own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident must be proved to have directly caused the injury. Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely accountable for the 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 The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers who work in high-risk fields. This enables workers to receive compensation for their injuries as well as take care of their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the job. It also established uniform liability standards. FELA requires railroads to provide a safe working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. In order for an injured worker to prevail in a lawsuit, they must prove that their employer acted in breach of their duty of care by not providing a safe work environment, and that the injury occurred as directly caused by this failure. This requirement may be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer with experience in FELA cases can be of assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can improve a worker's case by establishing a solid legal basis. Certain railroad laws that could strengthen the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as “railway statues,” require that rail corporations, and in some cases their agents (such as supervisors, managers or company executives) must adhere to these regulations to ensure the safety of their employees. Infractions to these laws could be considered negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injuries under the FELA. If an automatic coupler grab iron or another railroad device isn't installed properly or is defective it is a typical example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result the employee may be entitled to compensation. The law states that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even even if the injury is minor). Boiler Inspection Act vs. FELA FELA is a set of federal laws that allows railroad workers and their family members to recover substantial damages if they are injured while working. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral costs. If an injury causes permanent impairment or death, punitive damages could also be sought. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar conduct. Congress adopted FELA in 1908 due to public outrage over the shocking number of fatalities and accidents on the railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers if they suffered injuries while on the job. Railroad workers injured and their families were frequently left without financial support during the period that they could not work due to their injury or the negligence of the railroad. Under the FELA railroad workers who suffer injuries may 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 the concept of comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law allows for the jury to decide on the case. If a railroad operator is found to be in violation of federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove negligence or contribute to an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes. If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury lawyer immediately. fela claims qualified lawyer can assist you file your claim and receive the maximum amount of compensation during the time you are in a position of no work because of the injury.