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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 instance, protects railroad workers. To recover damages under the FELA the victim must demonstrate that their injury was at a minimum, caused by the negligence of the employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA, even though both laws provide protection for employees. These differences are based on the claims process, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA requires that claimants show that their railroad employer is at the very least partly responsible for their injuries. In addition, FELA allows workers to sue in federal court rather than the state's workers compensation system. It also provides the option of a jury trial. It also provides specific rules for determining damages. A worker could receive up to 80% of their weekly average wage, together with medical expenses, as well as an appropriate cost-of-living allowance. A FELA lawsuit may also include compensation for pain and discomfort. For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the death or injury. This is a higher standard than what is required to be successful in a claim under workers compensation. This is a consequence of the history of FELA. In fela case settlements , Congress passed FELA to increase rail safety by permitting injured workers to sue for damages. In the wake of more than 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, but the trains, tracks, railroad yards and machine shops are one of the most hazardous places to work. FELA is important to ensure the safety of railway workers and to correct employers' inability to protect their employees. If you are a railway employee who has suffered an injury in the course of work, it is crucial to seek legal advice as quickly as you can. The best way to start is by contacting a designated Legal Counselor from BLET (DLC). Click here to locate a DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. 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 the laws on workers' compensation like those for employees on land. It was modeled after the Federal Employers' Liability Act (FELA) which was which covers railroad employees. It was also designed to meet the needs of maritime employees. The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering, past and future loss of earnings capacity and mental distress. A claim by a seaman under the Jones Act may be brought in either a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory in nature and do not give injured employees the right to a trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subject to a stricter standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined a seaman must prove that his involvement in the accident directly caused his 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, since they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they will be compensated and maintain their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to set up standard liability requirements for companies who operate railroads. FELA requires railroads to provide a safe workplace for their employees. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to tracks, switches, and other safety gear. To be successful an injured worker must prove that their employer breached their obligation to them by not providing them with a safe working environment and that their injury resulted directly from the failure. Some employees may find it difficult to meet this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney with expertise in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can enhance a worker's case by providing a strong legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are known as “railway statutes” and require that railroad corporations, and in certain instances their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to protect their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is sufficient to support a claim of injuries under the FELA. A common instance of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or is defective. If an employee is injured due to this, they could be entitled compensation. However, the law states that if the plaintiff contributed to the injury in any way (even if minimal) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they get injured while on the job. This includes compensation for loss of earnings as well as benefits like medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be claimed. This is to penalize the railroad for negligent acts and discourage other railroads from engaging in similar actions. Congress passed FELA in response to the public's outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA, there was no legal mechanism for railroad employees to sue their employers when they suffered injuries at work. Railroad workers injured in the line of duty, and their families, were often left without financial assistance during the time they were unable to work due to their 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 the assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker's portion of the blame for an accident is determined by comparing his actions to those of coworkers. The law also permits the possibility of a jury trial. If a railroad carrier violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not require the railroad to prove that it was negligent, or even that it was a contributing cause of an accident. It is also possible to file an action 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 worker you should consult a skilled railroad injury attorney immediately. A qualified lawyer can assist you file a claim and get the maximum benefits in the event that you are in a position of no work because of the injury.