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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act, for example, protects railroad employees. In order to be entitled to damages under FELA, a worker must prove their injury was caused in part by negligence on the part of the employer. Workers' Compensation vs. FELA While both workers' compensation and FELA are laws that offer protections to employees, there are a few differences between them. These distinctions are related to claims processes, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad employer is at a minimum partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system, and also allows a trial with a jury. It also has specific guidelines for the determination of damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain. In order for a worker to be successful in a FELA case, they must show that the railroad's negligence played at least a small part in the injury or death. This is a higher standard than that required for a successful claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for substantial damages if they were injured in the course of their job. Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and train tracks as well as in their machines shops, yards and other workplaces. FELA is crucial to ensure the safety of railway workers, and to address employers' inability to protect their employees. If you are a railway employee who has been injured while on the job it is imperative to seek legal advice as soon as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters since they are not covered by the laws on workers' compensation like those that cover employees on land. It was modeled after the Federal Employers Liability Act (FELA), which covers railroad employees. It was also crafted to satisfy the needs of maritime workers. Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages including past and present suffering and pain, as well as future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in either a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a revolutionary approach to the workers' compensation laws. Most of these laws are statutory in nature 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 asked to clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court decided that the lower courts were right in their decision that the seaman's involvement in his own accident must be shown to have directly contributed to the injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were not correct in that they told 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 The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies that manage railroads. FELA requires railroads to provide a safe work environment for their employees, which includes the use of well-maintained and repaired equipment. fela claims includes everything from cars and trains to tracks, switches, and other safety equipment. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a safe working environment and that their injury was the direct result of the failure. This requirement may be difficult to meet for some workers, especially when a defective piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by providing a strong legal basis. 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 are known as “railway statutes” and require that railroad corporations, and in some instances their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to protect their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA. An illustration of a railroad statute violation 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 may be entitled compensation. The law provides that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even even if the injury is minor). Boiler Inspection Act vs. FELA FELA is a series of federal laws which allow railroad employees and their families to recover substantial damages from injuries caused during work. This includes compensation for loss of earnings as well as benefits such as medical costs or disability payments, as well as funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be sought. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar actions. Congress passed FELA as a response to the public's outrage in 1908 at the shocking rate of accidents and deaths on railroads. Before FELA, there was no legal mechanism for railroad workers to sue their employers when they were injured at work. Injured railroad workers and their families were often left without adequate financial support during the period that they could not work due to their injury or the negligence of the railroad. Under the FELA, railroad workers who suffer injuries are able to file a claim for damages in state or federal courts. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. The act determines the railroad worker's part of the blame for an accident by comparing their actions to the actions of their coworkers. The law allows for the jury to decide on the case. If a railroad carrier violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any 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 make 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've been injured on the job as a railroad worker, you should contact an experienced railroad injury lawyer immediately. The right lawyer will be able to assist you in submitting your claim and obtaining the highest amount of benefits during the time that you aren't working due to your injury.