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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Federal Employers' Liability Act is one example. It protects railroad workers. To be able to claim damages under FELA, a worker must prove that their injury was caused in part by negligence on the part of the employer. FELA Vs. Workers' Compensation While both workers' compensation and FELA are laws that provide protections to employees, there are a few differences between them. These distinctions are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA however, however, requires that claimants demonstrate that their railroad company was at least partially responsible for their injuries. FELA also allows workers to sue federal courts instead of the state workers' compensation system and allows for a trial by jury. It also establishes specific rules for the determination of damages. A worker may receive up to 80% of their weekly average wage, as well as medical expenses, as well as an appropriate cost-of-living allowance. Additionally, a FELA suit could include compensation for pain and suffering. In order for a worker to be successful in a FELA case, they must show that the railroad's negligence played at least a role in the injury or death. This is a higher level than that required for a successful workers compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for large damages if they were injured in the course of their job. As a result of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but the trains, tracks, railroad yards and machine shops are still one of the most hazardous places to work. This is what makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to protect their employees. If fela attorneys are a railway worker who has suffered an injury while on the job it is essential to seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for injuries or deaths while on the job. The Jones Act was passed in 1920 as a means to safeguard sailors who put their lives at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet the unique requirements of maritime workers. The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was 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 including future and past 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. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory in nature and do not grant injured employees 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 clarify whether a seaman's contribution to their own injuries was subject to a stricter evidence standard than FELA claims. The Court ruled 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 injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous as they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers who work in high-risk sectors. After an accident, they can be compensated and provide for their families. The FELA, which was passed in 1908, was an acknowledgment of the inherent risks of the job. It also set up uniform standards for liability. FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To allow an injured worker to prevail in a lawsuit, they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe working environment and that the injury occurred as a direct result of this negligence. Some employees may find it difficult to meet this requirement, especially if a defective piece equipment is responsible for causing an accident. A lawyer with experience in FELA claims can be a great help. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements can help bolster the legal case of a worker by giving a solid legal basis. Some railroad laws that can aid a worker's 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 some cases 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 by itself, which means that a violation of any one of these rules is sufficient to support an injury claim under FELA. If an automatic coupler, grab iron or another railroad device isn't installed properly or is damaged it is a typical instance of a railroad law violation. If an employee is injured as a result of this, they could be entitled compensation. However, the law also states that if the plaintiff was a contributor to the injury in any way (even the injury is not severe), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allow railroad employees and their families to recover substantial damages for injuries sustained during work. This includes compensation for loss of earnings and benefits like medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is in order to punish the railroad and discourage other railroads from engaging in similar behavior. Congress adopted FELA as a response to public outrage in 1908 about the alarming rate of accidents and deaths on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured, and their families, were often left without financial aid during the period they were unable to work due to accident or negligence of the railroad. Under the FELA railroad workers who suffer injuries may file a claim for damages in federal or state courts. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing the concept of the concept of comparative fault. The act determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law permits the jury to decide on the case. If a railroad company violates one of the federal railroad safety statutes 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 that it was negligent or that it contributed to an accident. You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you've been injured while working as a railroad worker, you must contact a seasoned railroad injury attorney immediately. A qualified lawyer can assist you file a claim and get the most benefits in the event that you are in a position of no work because of the injury.