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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). To recover damages under the FELA the victim must demonstrate that their injury was at least partially caused due to the negligence of their employer. FELA against. Workers' Compensation There are differences between workers compensation and FELA while both laws offer protection to employees. These differences relate to claims processes, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was responsible for the accident. FELA, in contrast, requires that claimants demonstrate that their railroad employer was at least partly accountable for their injuries. FELA also permits workers to sue federal courts in lieu of the state workers' compensation system and also allows a trial with a jury. It also sets specific rules for determining damage. For instance an employee can receive compensation of up to 80% of their average weekly earnings, as well as medical expenses and an affordable cost of living allowance. Furthermore an FELA suit could include compensation for pain and suffering. To win a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the injury or death. This is a far more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a product of FELA’s history. In fela lawsuit settlements , Congress passed FELA in order to improve safety on the rails by allowing workers to sue for substantial damages when they were injured during their job. As a result of more than 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, however the railway tracks, trains, yards and machine shops remain among the most dangerous work environments. This makes FELA important for ensuring the safety of all railway workers as well as taking action against employers' inability to safeguard their employees. If you are a railway worker who was injured in the course of work it is imperative that you seek legal advice as quickly as possible. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Click this link to find a BLET-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 law was passed 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 similar to those that protect employees on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was designed to meet the specific needs of maritime employees. Unlike workers' compensation laws that limit the amount of compensation 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 under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future pain and suffering in the past and future, loss of earnings capacity and mental distress. A claim for seamanship under the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory and do not grant injured employees the right to trial before a jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to determine whether the contribution of a seaman to his or her own injury was subject to a more rigorous standard of proof than the standard for proof in FELA cases. The Court ruled that the lower courts were correct when they determined that the seaman's involvement in his own accident has to be proven to have directly caused the injury. Sorrell was awarded US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was solely responsible for the negligence that caused the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a crucial distinction for injured workers working in high-risk fields. After an accident, they will be compensated and support their families. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the job. It also set up uniform liability standards. FELA requires that railroads provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To be successful an injured worker must prove that their employer violated their duty of responsibility by failing to provide them with a reasonably safe working environment and that their injury was the direct result of the failure. This requirement can be difficult to meet for some workers, especially when a piece of equipment is involved in an accident. This is why having a lawyer with experience in FELA cases can be helpful. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can improve the 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 workers' FELA claim. These laws are known as “railway statutes” and require that rail corporations, and in some cases, their agents (like managers, supervisors, or company executives) must comply with these rules in order to protect their employees. Violating these statutes can constitute negligence by itself, which means that a violation of any one of these rules is enough to support an injury claim under 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 when an employee is injured because of it they could be entitled to compensation. The law states that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even when the injury is not severe). FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws that permit railroad workers and their families to collect substantial damages for injuries sustained during work. This includes compensation for the loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is in order to punish the railroad and discourage other railroads from engaging in similar behavior. Congress passed FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained while on the job. Injured railroad workers and their families were frequently left without financial support during the time that they were unable to work due to their injury or the negligence of the railroad. Under the FELA, railroad workers who suffer injuries are able to make 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 a system of comparative blame. This means that the railroad worker's share of the responsibility for an accident is determined by comparing their actions with those of his coworkers. The law also allows for the possibility of a jury trial. If a railroad operator violates a federal railroad safety statute like 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 that it was a contributing cause of an accident. You can also bring a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you've been injured on the job as a railroad worker you must contact a seasoned railroad injury lawyer immediately. A good lawyer can help you file your claim and receive the maximum benefits for the time you are not able to work because of your injury.