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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). To be able to claim damages under FELA, a worker must prove their injury was caused at the very least partially due to negligence on the part of the employer. FELA vs. Workers' Compensation While both workers' compensation and FELA are laws that offer protection to employees, there are some significant differences between them. These differences are related to the claims process, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation law offers immediate assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad's employer is at least partially responsible for their injuries. FELA also permits workers to sue federal courts instead of the state workers' compensation system and provides a trial by jury. It also sets specific guidelines for determining damages. For example an employee can receive compensation of up to 80 percent of their weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. To win a FELA claim the worker must show that the railroad's negligence was at least a factor in the injury or death. This is a higher requirement than the one required to win a workers compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to seek damages. In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and deploy safer equipment, but the railway tracks, trains, yards and machine shops are among the most dangerous workplaces. FELA is important to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees. If you are a railway employee who was injured while on the job, it is crucial to seek legal advice as soon as possible. The best method to start is by contacting a designated Legal Counselor from BLET (DLC). Click on this link 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 on-the-job injuries and deaths. The Jones Act was passed in 1920 to provide a means to safeguard sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was modeled on the Federal Employers Liability Act (FELA), a law that covers railroad workers. It was also crafted to meet the needs of maritime employees. The Jones Act, unlike workers compensation laws which limit the amount of negligence recovery to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering and pain as well as future and past loss of earnings capacity, and mental distress. A claim for compensation 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 completely different approach than most workers' compensation laws, which are generally statutory and do not afford the injured employee 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 injury was subjected to a higher evidence standard than FELA claims. The Court ruled that the lower courts were correct when they determined that a seaman's role in his own accident must be proven as having directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be exactly the same. FELA vs. Safety Appliance Act In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers working in high-risk fields. This enables them to receive compensation for their injuries and also to support their families following an accident. The FELA, which was passed in 1908, was an acknowledgment of the inherent dangers of the job. It also set up uniform liability standards. FELA requires railroads to provide a safe work environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To allow an injured worker to prevail in a lawsuit, they must prove that their employer violated their duty of care by failing to provide a reasonably safe work environment and that the injury was a direct result of that negligence. Some employees may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. fela accident attorney with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker by establishing a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen workers' FELA claim. These laws, also known as “railway statues,” require that rail companies and, in certain cases their agents (such as managers, supervisors or company executives) adhere to these regulations to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to justify a claim for injury 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. If an employee is injured because of this, they could be entitled to compensation. The law provides that the claim of the plaintiff may be reduced when 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 that allows railroad employees and their families to claim substantial damages if they are injured while on the job. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. Additionally in the event that an injury results in permanent impairment or death, a claim can be filed for punitive damages. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar actions. Congress adopted FELA in response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained on the job. Railroad workers who were injured, and their families, were often denied financial support during the time they were unable work due to their injuries or negligence on the part of the railroad. Under the FELA, railroad workers who are injured can seek damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The act determines a 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 operator violates the federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. This does not require the railroad to prove it was negligent, or even that it was a contributing to the cause of an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines. If you have been injured on the job as a railroad employee, you should consult a skilled railroad injury attorney immediately. A good lawyer can help you file your claim and obtain the maximum amount of compensation during the time you are unable to work due to your injury.