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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). To be able to claim damages under the FELA the plaintiff must prove that their injury was at a minimum, caused through the negligence of the employer. FELA vs. Workers' Compensation While both workers compensation and FELA are laws that offer protections to employees, there are significant differences between the two. These distinctions are related to the process of claiming, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation law offers quick relief to injured workers regardless of who was responsible for the accident. FELA however, however demands that claimants prove that their railroad employer was at a minimum partially responsible for their injuries. In addition, FELA allows workers to sue federal courts, rather than the state's workers compensation system. It also allows jurors for trials. It also provides specific rules for determining damage. A worker may receive up to 80% their average weekly wage as well as medical expenses, as well as a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for pain and discomfort. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the resulting injury or death. This is a much higher standard than what is required to be successful in a claim under workers' compensation. This requirement is a product of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to sue for damages. As a result of more than a century of FELA litigation, railway companies now regularly implement safer equipment, however the trains, tracks, railroad yards and machine shops remain one of the most hazardous workplaces. FELA is important to ensure the safety of railway workers and to tackle employers' failures in protecting their employees. It is essential to seek legal advice as quickly as you can if are a railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Follow this link to find a BLET-approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employers for any injuries or deaths they suffer during work. It was enacted in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by the laws on workers' compensation similar to those that protect employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was tailored to address the unique requirements of maritime workers. Unlike workers' compensation laws, which limit recovery for negligence to a maximum amount of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering in the past and future, loss of earnings capacity, and mental distress. A claim for a seaman in the Jones Act can be brought either in a state court or a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory and do not grant injured workers the right to a trial before a 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 her own injury was subject to a more rigorous standard of proof than the standard for evidence in FELA cases. The Court held that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be proved as having directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were wrong, as they instructed the jury that Norfolk was solely 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. FELA vs. Safety Appliance Act Unlike workers' compensation laws, 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 high-risk industries. After an accident, they will be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for companies who operate railroads. 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 cars and trains to tracks, switches, and other safety gear. To be successful, an injured worker must demonstrate that their employer has breached their obligation to them by failing to provide them with a reasonably safe working environment, and that their injury resulted directly from the failure. This requirement can be difficult to fulfill for some workers, especially when a piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements can help bolster the legal case of a worker by providing a solid legal base. Some railroad laws that can aid a worker's 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 instances, their agents (such as managers, supervisors or company executives), comply with these rules to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, which means that a violation is sufficient to support a claim for injury under the FELA. If an automatic coupler, grab iron, or any other railroad device is not installed properly or is damaged, this is a common instance of a lawful railroad violation. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident, they may be entitled to compensation. The law provides that the claim of the plaintiff may 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 series of federal laws which allow railroad workers and their families to recover significant damages for injuries they that they sustain while working. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. In addition when an injury results in permanent impairment or death, a claim can be brought for punitive damages. This is a way to penalize the railroad for negligent acts and deter other railroads from engaging in similar behavior. Congress passed FELA in response to the public's outrage in 1908 at the shocking number of deaths and accidents on railroads. Before liability act fela there was no legal basis for railroad employees to sue their employers when they were injured while on the job. Railroad workers who were injured and their families were often left without financial support during the time they were unable to work due to their injury or the negligence of the railroad. Under the FELA railroad workers who suffer injuries can file a claim for damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with an approach based on comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing his actions to those of his coworkers. The law also allows for the possibility of a jury trial. If a railroad carrier violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. It is not necessary for the railroad to prove that it was negligent, or even that it was a to the accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer can assist you in filing your claim and obtaining the most benefits possible for the time you aren't able to work because of your injury.