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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. In order to recover damages under FELA the worker must prove their injury was caused at least in part by negligence on the part of the employer. FELA against. Workers' Compensation 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 claims process, fault assessment and the kinds of damages that are awarded in the event of death or injury. Workers' compensation law gives quick assistance to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad employer is at least partly responsible for their injuries. Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also allows the option of a jury trial. It also establishes specific rules for determining damages. For example workers can be awarded an amount of compensation that is up to 80% of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain. To be successful in a FELA claim, a worker must prove that the railroad's negligence was at the very least a factor in the injury or death. This is a higher requirement than that required to win a workers' compensation claim. This is a part of the history of FELA. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to claim damages. Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and train tracks as well as in their machine shops, yards, and other work areas. This makes FELA important for ensuring the safety of all railway workers and addressing employers' failures to protect their employees. It is crucial to seek legal advice as quickly as you can when you are a railway worker who is injured at work. fela claims to begin is by contacting an approved designated Legal Counselor from BLET (DLC). Click this link to find a BLET-approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer while 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 since they are not covered by workers' compensation laws like those for land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was tailored to address the specific requirements of maritime workers. In contrast to workers' compensation laws which limit the 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. Additionally to this, 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 also allows injured seamen to sue their employers for unspecified damages like future and past suffering as well as future and past loss of earnings capacity, and mental distress. 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 a trial by jury. This is a fundamentally new approach to the laws governing workers' compensation. The majority of these laws are statutory in nature and do not grant 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 subject to a stricter evidence standard than FELA claims. The Court decided that the lower courts were right in determining that a seaman must prove that his involvement in the accident directly led to his injury. Sorrell was awarded US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers who work in high-risk industries. This allows workers to receive compensation for their injuries and also to support their families following an accident. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish uniform liability standards for companies who operate railroads. FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches and other safety gear. To be successful, an injured worker must prove that their employer did not fulfill their obligation of care by not providing them with a reasonably safe working environment, and that their injury was the direct result of the failure. Some workers may have difficulty to comply with this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why an attorney who has experience in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders and the regulations that regulate these requirements, can strengthen a worker's legal case by providing a solid legal base. Some railroad laws that may strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as “railway statues,” require that rail corporations, and in some cases their agents (such as managers, supervisors, or company executives), comply with these regulations to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is sufficient to justify an injury claim under FELA. When an automatic coupler, grab iron or other railroad device is not installed correctly or is damaged This is a common example of a railroad law violation. If an employee is injured because of this, they may be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they were responsible 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 workers and their family members to claim substantial damages if they suffer injuries while working. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be sought. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct. Congress approved FELA as a response to public outrage in 1908 about the alarming rate of accidents and deaths on 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. Injured railroad workers and their families were often left without financial support during the time they were unable to work due to their injury or negligence by the railroad. Under the FELA railroad workers injured are able to seek damages in federal or state courts. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing their actions with those of his coworkers. The law allows for a trial by jury. If a railroad company violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable 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 cause of an accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines 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 qualified lawyer can assist you file your claim and receive the most benefits during the time you are unable to work due to your injury.