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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for example, have the Federal Employers' Liability Act (FELA). To be able to claim damages under the FELA, a victim must demonstrate that their injury was at least in part caused due to the negligence of their employer. FELA Vs. Workers' Compensation While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These distinctions are related to the claims process as well as fault assessment and the types of damages awarded in cases of death or injury. Workers' compensation law provides immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partly responsible for their injuries. Additionally, FELA allows workers to sue federal courts instead of the state's workers compensation system. It also provides the option of a jury trial. It also provides specific rules for determining damage. A worker may receive up to 80% of their weekly average wage, plus medical expenses, and a reasonable cost-of-living allowance. Moreover the FELA suit could also include compensation for pain and suffering. To be successful for a worker in a FELA case, they must show that the railroad's negligence was at least a role in the injury or death. This is a higher standard than the one required to win a workers' compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to claim damages. Despite the fact that railroad companies have been suing for more than a century, they still employ dangerous equipment and train tracks as well as in their machine shops, yards, and other workplaces. fela law firm makes FELA essential for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees. It is important that you seek legal advice as soon as you can if you are a railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Click here to locate the DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer during work. It was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those that cover land-based employees. It was modeled after the Federal Employers' Liability Act (FELA) which was which protects railroad employees. It was also crafted to accommodate the needs of maritime employees. The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to a maximum of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. 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 recover damages that are not specified including the past and present pain and suffering, future loss of earning capacity as well as mental distress, for example. A claim for a seaman in the Jones Act can be brought in either a state court or a federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the workers' compensation laws. The majority of these laws are statutes and do not grant injured workers the right to a trial before a jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher evidence standard than FELA claims. The Court held that the lower courts were right when they determined that a seaman's contribution to his own accident has to be proven to have directly contributed to the injury. Sorrell was awarded US$1.5 million for his injuries. 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 only responsible for the negligence that caused the injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they will be compensated and support their families. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to set up uniform liability standards for businesses that operate railroads. FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To allow an injured worker to succeed in a lawsuit they must show that their employer acted in breach of their duty of care by failing to provide a safe work environment and that the injury was the direct result of that inability. This requirement can be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has experience in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker 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, also known as “railway statues,” require that rail companies and, in certain instances, their agents (such as supervisors, managers or company executives) adhere to these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is enough to support a claim of injuries under the FELA. A typical 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 if an employee is hurt as a result they could be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to the injury in any way (even even if it was a minor cause) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they suffer injuries while working. This includes compensation for loss of earnings as well as benefits like medical expenses as well as disability benefits and 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 in order to punish the railroad and discourage other railroads from engaging in similar behavior. Congress approved FELA in response to the public's outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers for injuries they sustained while on the job. Railroad workers who were injured and their families were frequently left without financial support during the period that they could not work because of their injuries or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with the concept of the concept of comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law also allows for an open trial before a jury. If a railroad carrier violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove it was negligent, or even that it was a to the cause of an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes. If you've been injured on the job as a railroad worker, you must contact a seasoned railroad injury attorney immediately. The right lawyer can assist you in submitting your claim and getting the highest amount of benefits during the time that you aren't working because of your injury.