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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act for instance, protects railroad employees. In order to recover damages under FELA the worker must prove that their injury was caused at least partially due to negligence on the part of the employer. FELA against. Workers' Compensation While both workers compensation and FELA are laws that provide protections to employees, there are some significant differences between them. These differences are based on the claims process as well as fault assessment and the types of damages awarded in cases of injury or death. Workers' compensation law offers immediate relief to injured workers regardless of who was responsible for the accident. FELA however demands that claimants prove that their railroad company was at a minimum partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also establishes specific rules for determining damage. A worker could receive up to 80% their average weekly salary, plus medical expenses and an appropriate cost-of-living allowance. Additionally an FELA suit could also include compensation for pain and suffering. In order to win a FELA claim the worker must show that the railroad's negligence was a factor in the injury or death. This is a higher requirement than the one required for a successful workers' compensation claim. This requirement is a product of the history of FELA. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages. As a result of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but trains, tracks, railroad yards and machine shops are still one of the most hazardous work environments. FELA is important to ensure the safety of railway workers, and to tackle employers' inability to protect their employees. It is essential to seek legal advice as quickly as you can if you are railway worker who has been injured while at work. The best way to start is to contact a designated Legal Counselor from BLET (DLC). Click on this link to locate the DLC firm in your region. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed in 1920 as a means to safeguard sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike workers on land. It was modeled after the Federal Employers' Liability Act (FELA) which is which protects railroad employees. It was also designed to meet the needs of maritime employees. 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 their death or injury was directly caused by an employer's negligent actions. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages like the past and present suffering and pain, as well as future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in a state or federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct approach than most workers' compensation laws which are usually legal and do not give injured workers the right to a jury trial. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury 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 must be proved to have directly contributed to his or her injury. Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. FELA in opposition to. Safety Appliance Act Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is a crucial distinction for injured workers who work in high-risk fields. This allows them to receive compensation for their injuries as well as support their families following an accident. The FELA was passed in 1908 to recognize the inherent dangers associated with the job and to establish uniform liability standards for companies that manage railroads. FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to switches, tracks, and other safety gear. In order for an injured worker to be successful in a claim, 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. This requirement can be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements can strengthen a worker's legal case by providing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen workers' FELA claim. These laws, also known as “railway statues,” require that rail corporations and, in some instances, their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety of their employees. Infractions to these laws can be considered negligence in and of itself, meaning that a violation of any one of these rules is enough to justify a claim for injury under FELA. When an automatic coupler, grab iron or other device for railroads is not installed properly or is defective it is a typical example of a railroad law violation. If an employee is injured as a result of this, they may be entitled compensation. The law stipulates that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even even if the injury is minor). FELA vs. Boiler Inspection Act FELA is a set of federal laws which allow railroad employees and their families to claim substantial damages for injuries sustained while working. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. In fela claims when an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar behavior. Congress approved FELA as a response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries on the job. Injured railroad workers, and their families, were often left without adequate financial aid during the time they were unable to work because of their injury or negligence by the railroad. Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law permits an investigation by jury. If a railroad company violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. This does not require the railroad to prove it was negligent or even that it was a contributory cause of an accident. You may also file a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you've been injured while working as a railroad employee, you should consult a skilled railroad injury lawyer right away. A qualified lawyer can assist you file a claim and obtain the maximum benefits during the time you are unable to work due to your injury.