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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers. To be able to claim damages under the FELA the victim must demonstrate that their injury was at a minimum, caused by the negligence of the employer. FELA against. Workers' Compensation While both workers compensation and FELA are laws that provide protection to employees, there are a few differences between the two. These differences relate to claims processes as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation law provides immediate relief to injured workers regardless of who was responsible for the accident. FELA however, on the other hand demands that claimants prove that their railroad employer was at a minimum partially responsible for their injuries. FELA also allows workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. 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 a reasonable cost-of-living benefit. Additionally the FELA suit could include compensation for pain and suffering. To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a part in the injury or death. This is a higher level than that required for a successful workers' compensation claim. This is a result of FELA’s history. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to sue for damages. Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and train tracks as well as in their machines shops, yards and other work areas. FELA is crucial to ensure the safety of railway workers and to tackle employers' negligence in protecting their employees. It is important that you seek legal advice as soon as you can if you are railway worker who is injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to find a DLC firm in your area. 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 law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those for land-based employees. It was modeled after the Federal Employers' Liability Act (FELA) which is a law that covers railroad employees. It was also crafted to satisfy the needs of maritime workers. Unlike workers' compensation laws, which limit recovery for negligence to a maximum of the injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by the negligence of an employer's behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past pain and suffering in the past and future, loss of earnings capacity and mental distress. A claim by a seaman under the Jones Act may be brought in a state or federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a completely different approach to the majority of workers' compensation laws which are usually statute-based and do not grant injured employees the right to a jury trial. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subject to a more strict standard of proof than FELA claims. The Court ruled the lower courts were right when they determined the seaman must prove his role 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 in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. FELA Vs. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers who work in high-risk fields. After an accident, they can be compensated and maintain their families. The FELA that was enacted in 1908, was a recognition of the inherent hazards of the work. It also set up uniform liability standards. FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To be successful, an injured worker must prove that their employer breached their obligation to them by failing to provide them with a reasonably safe working environment and that the injury resulted directly from this negligence. This requirement may be difficult to fulfill for some workers, particularly when a defective piece of equipment is involved in an accident. This is why an attorney with experience in FELA cases can help. fela accident attorney www.accidentinjurylawyers.claims who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal base. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s 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 regulations to ensure the safety of their employees. Infractions to these laws can be considered negligence in and of itself, meaning that a violation of one of these rules is enough to justify an injury claim under FELA. If an automatic coupler, grab iron or another railroad device isn't installed correctly or is damaged it is a typical instance of a railroad law violation. This is a clear violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law states that the claims of the plaintiff can be reduced when 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 that allow railroad employees and their families to recover substantial damages for injuries that they sustain on the job. This includes compensation for the loss of earnings as well as benefits like medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is intended to punish railroads for their negligence and discourage other railroads from engaging in similar actions. Congress approved FELA in response to the public's outrage in 1908 about the alarming number of deaths and accidents on railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers when they suffered injuries at work. Railroad workers injured and their families were often left without financial support during the time they were unable to work due to their injury or the negligence of the railroad. Under the FELA, railroad workers injured can file a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and 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 their actions with those of his coworkers. The law also allows for the possibility of a jury trial. If a railroad operator violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. It is not necessary for the railroad to prove it was negligent or that it was a contributory cause of an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. If you have been injured on the job as a railroad worker you should consult a skilled railroad injury attorney immediately. A good lawyer can help you file your claim and get the most benefits in the event that you are unable to work due to your injury.