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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. To be able to claim damages under FELA the worker must prove that their injury was caused at least partly due to negligence on the part of the employer. FELA against. Workers' Compensation There are differences between workers compensation and FELA while both laws provide protection for employees. These differences are based on the process of filing claims, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA on the other hand demands that claimants prove that their railroad employer was at least partly responsible for their injuries. FELA also allows workers to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also establishes specific guidelines for determining damages. For example an employee can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. Additionally the 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 at the very least a factor in the resulting injury or death. This is a higher standard than that required for a successful claim under workers' compensation. This is a part of FELA’s history. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for large damages when they were injured during their work. As a result of over 100 years of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the trains, tracks, railroad yards and machine shops are still some of the most dangerous work environments. This makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees. It is important that you seek legal advice as soon as you can when you are railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to locate the DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employer for injuries or deaths on the job. The law was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation similar to those that protect employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the specific requirements of maritime workers. In contrast to 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 that involve employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their death or injury was directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like the suffering and pain, as well as future loss of earning capacity as well as mental distress, for example. A claim by a seaman under the Jones Act may be brought in a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a completely new approach to the laws governing workers' compensation. Most of these laws are statutes and do not give injured workers the right to a trial before a 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 evidence standard than FELA claims. The Court held that lower courts were correct in determining that the seaman had to prove that his contribution to his accident directly led to his injury. Sorrell was awarded US$1.5 million for his injury. 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 that directly contributed to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. fela accident attorney . Safety Appliance Act Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and maintain their families. The FELA that was enacted in 1908 was an acknowledgement of the inherent risks of the work. It also established uniform standards for liability. FELA requires railroads to provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety equipment. In order for an injured worker to prevail in a lawsuit they must prove that their employer acted in breach of their duty of care by not providing a safe working environment and that the injury was a direct result of that negligence. This requirement may be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why an attorney with experience in FELA cases can help. A lawyer who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can strengthen the legal case of a worker by providing a solid legal foundation. 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 mandate that rail corporations, and in some instances, their agents (like managers, supervisors, or executives of companies) must adhere to these rules to ensure the safety of 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 instance of railroad statute violations is the case where an automatic coupler or grab iron isn't correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and should an employee be injured as a result the employee may be entitled to 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 that allows railroad employees and their families to recover substantial damages if they get injured on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to penalize railroads for their negligence and deter other railroads from engaging in similar conduct. Congress approved FELA in 1908 due to public outrage at the alarming rate of accidents and fatalities on the railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers for injuries they sustained in the course of their work. Railroad workers who were injured, and their families, were often left without adequate financial aid during the period they were unable to work due to their injuries or negligence on the part of the railroad. Under the FELA, railroad workers who are injured may make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with the concept of the concept of comparative fault. The act determines the railroad worker's share of responsibility for an accident by comparing their actions with the actions of their coworkers. The law also permits the possibility of a jury trial. If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not need to prove negligence or that it contributed to an accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury or injured, you must immediately contact an experienced railroad injury lawyer. A qualified lawyer can assist you file a claim and receive the maximum benefits for the time you are not able to work because of the injury.