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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who suffer injuries are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). To claim damages under the FELA the victim must prove that their injury was at least in part caused by the negligence of the employer. Workers' Compensation vs. FELA While both workers compensation and FELA are laws that provide protections to employees, there are some significant differences between the two. These differences are related to the process of filing claims, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation law offers rapid relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts instead of the state's workers compensation system. It also allows jurors for trials. It also establishes specific guidelines for the determination of damages. A worker may receive up to 80% their average weekly salary, plus medical expenses and a reasonable cost-of-living benefit. Additionally, a FELA suit may include additional 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 resulting injury or death. This is a higher requirement than what is required to win a workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for significant damages when they were injured during their work. Despite the fact that railroad companies have been suing for more than a century, they still use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other work areas. FELA is important to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees. It is crucial to seek legal advice as soon as you can if you are railway worker who has been injured while at work. The best method to start is to reach out to the BLET-approved Legal Counsel (DLC). Click here to locate a DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employer for injuries or fatalities on the job. The Jones Act was enacted in 1920 as a way to safeguard sailors who are at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws, unlike land-based employees. It was modeled on the Federal Employers' Liability Act (FELA) which was which covers railroad employees. It was also crafted to accommodate the needs of maritime employees. Unlike workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. fela claims railroad employees does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages, such as the past and present suffering and pain, future loss of earning capacity as well as mental distress, for example. A seaman's claim under the Jones Act may be brought in a federal or state court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. Most of these laws are statutory and do not grant 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 whether a seaman's contribution to their own injuries was subjected to a higher proof standard than in FELA claims. The Court ruled that the lower courts were correct in determining that a seaman's role in his own accident has to be proven to have directly caused his or her injury. Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk sectors. After an accident, they can be compensated and provide for their families. The FELA was passed in 1908 to recognize the inherent dangers associated with the work and to establish uniform liability standards for companies that operate railroads. FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To be successful, an injured worker must demonstrate that their employer has violated their duty of responsibility by failing to provide them with a safe working environment and that their injury was the direct result of this negligence. This requirement may be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that regulate these requirements, can help bolster the legal case of a worker by giving a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s 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 follow these rules to protect their employees. Infractions to these laws could be considered negligence in and of themselves, which means that a violation is sufficient to support a claim of injuries under the FELA. A typical example of an infraction to the railroad statute is when an automatic coupler or grab iron isn't correctly installed or is defective. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even if it is minimal). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their family members to recover substantial damages if they suffer injuries while on the job. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim may be made for punitive damages. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar behavior. Congress adopted FELA in response to the public's outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers if they suffered injuries at work. Railroad workers injured and their families were often left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad. Under the FELA railroad workers injured are able to file a claim for damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk with an approach based on the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his or her actions to those of coworkers. The law also allows for the possibility of a jury trial. If a railroad company violates one of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove that it was negligent or that it was a contributing to the cause of an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad worker who has been injured or injured, you must immediately contact an experienced railroad injury lawyer. A qualified lawyer can assist you file a claim and get the most benefits during the time you are not able to work because of your injury.