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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are typically protected by laws which hold employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove their injury was caused partially due to negligence on the part 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 claiming, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation law offers immediate aid to injured workers, regardless of who was at fault for the accident. FELA on the other hand, requires that claimants demonstrate that their railroad company was at a minimum partially responsible for their injuries. FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for the calculation of damages. For instance, a worker can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort. To be successful in a FELA claim the worker must show that the railroad's negligence was at least an element in the cause of injury or death. This is a much higher standard than what is required to be successful in a claim under workers' compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages when they were injured during their work. Despite the fact that railroad companies have been suing for more than 100 years, they continue to use dangerous equipment and tracks for trains, as well as in their machine shops, yards, and other work areas. FELA is important to ensure the safety of railway workers, and to correct employers' inability to protect their employees. If you are a railway worker who has been injured on the job, it is crucial to seek legal advice as soon as you can. The best method to start is by contacting the BLET-approved Legal Counsel (DLC). Follow this link to find an approved 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 enacted in 1920 to provide a means to safeguard sailors who risk their lives on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike 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. The Jones Act, unlike workers compensation laws which restrict 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 under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering in the past and future, loss of earnings capacity and mental distress. A seaman's claim under the Jones Act may be brought in a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a revolutionary 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 Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injuries was subjected to a higher standard of proof than FELA claims. The Court decided that the lower courts were correct when they determined the seaman must prove his contribution to his accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were wrong and they had instructed the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases. FELA Vs. Safety Appliance Act Unlike workers' compensation laws, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is a crucial distinction for injured workers who work in high-risk fields. After an accident, they can be compensated and provide for their families. The FELA was passed in 1908 to acknowledge the inherent dangers associated with the job and to establish standard liability requirements for companies that operate railroads. FELA requires that railroads provide a safe work environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To allow an injured worker to succeed in a lawsuit they must show that their employer acted in breach of their duty of care by failing to provide a safe work environment and that the injury was the direct result of the negligence. fela railroad accident lawyer may have difficulty to comply with this requirement, particularly when a piece of equipment that is defective can be the cause of an accident. An attorney with experience in FELA claims is a great resource. A lawyer who knows the safety requirements for railroaders and the regulations that govern 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 help strengthen the worker's FELA claim. These laws, also known as “railway statues,” require that rail corporations and, in some cases their agents (such as managers, supervisors, or company executives) adhere to these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA. A typical illustration of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured because of this, they may be entitled to compensation. The law stipulates that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a set of federal laws that permit railroad employees and their families to recover substantial damages from injuries that they sustain during work. This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim can be made for punitive damages. This is a way to penalize railroads for negligent actions and discourage other railroads from engaging in similar actions. Congress approved FELA in response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers if they were injured at work. Injured railroad workers and their families were often left without financial assistance during the time that they could not work due to their injury or the negligence 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 assumption of risk with a system based on the concept of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing his or her actions to those of coworkers. The law permits the jury to decide on the case. If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove it was negligent, or even that it was a to the accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. If you are a railroad employee who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. A good lawyer can assist you in submitting your claim and obtaining the highest amount of benefits in the time you aren't able to work due to your injury.