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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who suffer injuries are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers. In order to be entitled to damages under FELA the worker must prove their injury was caused at least in part by negligence on the part of the employer. FELA Vs. Workers' Compensation There are some differences between workers compensation and FELA while both laws provide protection for employees. 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 laws offer immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at the very least partially responsible for their injuries. Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also allows jurors for trials. It also sets specific rules for determining damage. A worker could receive up to 80% of their average weekly wage as well as medical expenses, and a reasonable cost-of-living allowance. Moreover an FELA suit could include compensation for pain and suffering. To be successful in a FELA claim, a worker must prove that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a higher level than that required to win a workers' compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to sue for damages. Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks, as well as in their machines shops, yards and other workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and taking action against employers' inability to safeguard their employees. If you are a railway worker who was injured while on the job it is essential to seek legal advice as quickly as you can. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click on this link to find the DLC firm in your region. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by workers' compensation laws like those that cover land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers, and was specifically designed to meet the specific needs of maritime employees. The Jones Act, unlike workers compensation laws, which limit the amount of negligence compensation to the amount of lost wages for injured workers and provides 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 injury or death. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like the past and present pain and suffering, future loss of earning capacity, mental distress, etc. A claim for a seaman in the Jones Act can be brought in either the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a completely different method than the majority of workers' compensation laws which are generally statute-based and do not grant injured workers the right to a jury trial. 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 higher standard of proof than the standard for proof in FELA cases. The Court decided that the lower courts were correct in determining that the seaman's involvement in his own accident has to be shown as having directly caused the injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. FELA Vs. Safety Appliance Act In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and support their families. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the job and to establish standard liability requirements for companies that manage railroads. FELA requires railroads to offer a safe working environment for their employees. This includes the use of 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 secure working environment and that their injury was the direct result of the failure. This requirement may be difficult to fulfill for some workers, particularly when a piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker by providing a strong legal basis. Certain railroad laws that could help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in certain instances their agents (like managers, supervisors, or executives of companies) must follow these rules in order to protect their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA. A typical instance of a railroad statute violation is when an automatic coupler or grab iron is not correctly installed or is defective. This is an obvious violation of the Safety Appliance Act, and when an employee is injured because of it the employee may be entitled to compensation. However, the law states that if the plaintiff contributed to their injury in any way (even even if it was a minor cause), their claim may be reduced. FELA vs. Boiler Inspection Act FELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they are injured while on the job. fela settlements includes the compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. In addition when an injury causes permanent impairment or death, a claim can be brought for punitive damages. This is to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct. Congress adopted FELA in 1908 in response to public outrage at the alarming rate of accidents and fatalities on the railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers if they suffered injuries on the job. Railroad workers who were injured and their families were often left without financial support during the time they were unable work due to accident or negligence of the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his or her actions to those of coworkers. The law permits an investigation by jury. If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. This does not mean that the railroad to prove that it was negligent or even that it was a contributing cause of an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines. If you've been injured while working as a railroad employee, you should consult a skilled railroad injury lawyer immediately. A qualified lawyer can assist you file a claim and obtain the most benefits in the event that you are not able to work because of the injury.