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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who suffer injuries are usually protected by laws that 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 at least partly due to negligence on the part of the employer. FELA against. Workers' Compensation While both workers' compensation and FELA are laws that offer protection to employees, there are a few differences between the two. These differences are related to claims processes, fault evaluation and the types of damages awarded for death or injury. Workers' compensation law offers rapid relief to injured workers regardless of who is at fault for the accident. FELA in contrast requires claimants to prove that their railroad company was at least partly responsible 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 damages. A worker can receive up to 80% their weekly average wage, as well as medical expenses and a reasonable cost-of-living benefit. Furthermore the FELA suit may include additional compensation for pain and suffering. In order for a worker to be successful in a FELA case, they must show that negligence by the railroad played at least a small part in the death or injury. This is a higher requirement than that required for a successful workers' compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to sue for damages. Despite the fact that railroad companies have been suing for over 100 years, they employ dangerous equipment and tracks for trains, as well as in their yards, machine shops, and other workplaces. This makes FELA essential for ensuring the safety of all railway workers as well as addressing employers' failures to protect their employees. It is crucial to seek legal advice as quickly as you can if you are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click here to find a DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for injuries or fatalities during work. It was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters since they are not covered by workers' compensation laws similar to those that protect employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was specifically designed to meet the unique needs of maritime employees. In contrast to workers' compensation laws, which limit recovery for negligence to a maximum amount of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified including past and present pain and suffering, 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 lawsuit 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 give injured employees the right to trial by 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 their own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court ruled that the lower courts were right in determining that a seaman's contribution to his own accident must be proved to have directly contributed to his or her injury. Sorrell was awarded US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the victim's 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, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to set up standard liability requirements for companies who operate railroads. FELA requires railroads to provide a safe work environment for their employees. This includes the use of properly repaired and maintained 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 safe working environment and that the injury was the direct result of this failure. Some workers may find it difficult to meet this requirement, particularly if a defective piece equipment can be the cause of an accident. This is why an attorney who has experience in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker by providing a solid legal foundation. Some railroad laws that may help the worker's 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 supervisors, managers, or company executives) adhere to these rules to ensure the safety their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim of injury under the FELA. A typical instance of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. The law provides 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). Boiler Inspection Act vs. FELA FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they are injured on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral costs. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is in order to punish the railroad and deter other railroads from engaging in similar actions. Congress passed FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on the railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained on the job. Railroad workers injured and their families were frequently left without financial support during the period they were unable to work due to their injury or the negligence of the railroad. Under the FELA railroad workers who suffer injuries may file a claim for damages in federal or state courts. The act replaced defenses like 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 blame for an accident is determined by comparing his actions to those of his coworkers. The law also permits the possibility of a jury trial. If a railroad company violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. fela lawyers does not need to prove negligence or that it contributed to an accident. You may also file an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad injuries. The right lawyer can help you file your claim and get the most benefits during the time you are not able to work because of your injury.