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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 is one example. It protects railroad workers. To recover damages under the FELA the victim must be able to prove that their injuries were at least partially caused due to the negligence of their employer. FELA Vs. Workers' Compensation While both workers compensation and FELA are laws that offer protection to employees, there are significant differences between the two. These differences are related to the process of filing claims, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation laws provide immediate relief to injured workers regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad company is at a minimum partially responsible for their injuries. FELA also permits workers to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also establishes specific rules for the calculation of damages. A worker can receive up to 80% their average weekly salary, as well as medical expenses, as well as a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least a factor in the injury or death. This is a higher requirement than the one required to win a workers' compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for large damages when they were injured in the course of their employment. Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. This is what makes FELA essential for ensuring the safety of all railway workers as well as addressing employers' failures to protect their employees. It is important that you seek legal advice as quickly as you can if are railway worker who is injured at work. The best way to start is to reach out to the designated Legal Counselor from BLET (DLC). Click on this link to find a DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for injuries or fatalities on the job. The Jones Act was enacted in 1920 as a means to safeguard sailors who put their lives at risk on the high seas or 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 was which covers railroad workers. It was also crafted to meet the needs of maritime workers. The Jones Act, unlike workers compensation laws, which restrict the amount of compensation for negligence to the maximum amount of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified, such as the suffering and pain, future loss of earning capacity and mental distress, among others. A claim against seamanship under the Jones Act can be brought in either a state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a distinct method than the majority of workers' compensation laws, which are typically legal and do not give the injured employee the right to a jury trial. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injury was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined the seaman had to prove that his involvement in the accident directly caused his 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 incorrect, as they instructed the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they can be compensated and support their families. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to establish standard liability requirements for companies who operate railroads. FELA requires railroads to provide a safe working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To be successful, an injured worker must show that their employer violated their duty of responsibility by failing to provide them with a reasonably safe working environment, and that their injury resulted directly from this failure. Some workers may have difficulty to meet this requirement, especially in the event that a defective piece of equipment is involved in causing an accident. This is why an attorney who has expertise in FELA cases can be of assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can help a worker's case by providing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws, also known as “railway statues,” require that rail corporations, and in some instances, their agents (such as supervisors, managers or company executives) adhere to these rules to ensure the safety their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim of injury under the FELA. A common illustration of a railroad statute violation is when an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured as a result of this, they may be entitled to compensation. However, the law also stipulates that if a plaintiff was a contributor to the injury in any way (even if minimal), their claim may be reduced. FELA in opposition to. Boiler Inspection Act FELA is a series of federal laws that permit railroad workers and their families to collect substantial damages for injuries caused on the job. This includes compensation for the loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. In addition when an injury results in permanent impairment or death, a claim could be made for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging similar actions. Congress passed FELA in response to public outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Prior to fela lawsuit settlements there was no legal basis for railroad workers to sue their employers when they suffered injuries in the course of their work. Railroad workers who were injured and their families were often left without financial support during the period that they could not work because of their injuries or the negligence of the railroad. Railroad workers who are injured can bring 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. The law determines the railroad worker's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law permits the jury to decide on the case. If a railroad carrier violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. This does not require the railroad to prove that it was negligent or that it was a to the accident. You can also bring an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad employee who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A reputable attorney can assist you in filing your claim and obtaining the most benefits possible in the time you aren't working because of the injury.