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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for example, have the Federal Employers' Liability Act (FELA). To claim damages under the FELA the plaintiff must demonstrate that their injury was at least partially caused due to the negligence of their employer. Workers' Compensation vs. FELA There are differences between workers compensation and FELA while both laws provide protection for employees. These differences are related to the process of submitting claims as well as fault evaluation, and the types of damages awarded in the event of death or injury. Workers' compensation law provides quick aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad company is at least partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system, and allows for a trial by jury. It also establishes specific rules for determining damages. A worker could receive up to 80% their average weekly wage as well as medical expenses, and an appropriate cost-of-living allowance. Moreover the FELA suit may include additional compensation for pain and suffering. In order to win a FELA claim, a worker must prove that the railroad's negligence was at least a factor in the resulting injury or death. This is a higher standard than the one required for a successful workers' compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages. Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and train tracks, as well as in their machine shops, yards, and other workplaces. FELA is important to ensure the safety of railway workers and to correct employers' negligence in protecting their employees. If you are a railway employee who was injured while on the job, it is crucial that you seek legal advice as quickly as you can. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for injuries or fatalities during work. The Jones Act was enacted in 1920 to provide a means to protect sailors who put their lives at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was tailored to address the unique needs of maritime employees. Contrary to the laws governing workers' compensation, which limit recovery for negligence to a maximum amount of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent actions. 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 claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely different approach than most workers' compensation laws, which are typically legal and do not give the injured employee the right to a jury trial. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injuries was subject to a stricter proof standard than in FELA claims. The Court decided that the lower courts were correct in their decision that a seaman's contribution to his own accident has to be proved to have directly contributed to his or her injury. Sorrell was awarded 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 incorrect, as they instructed the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be the exact same. 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 industries. This enables them to receive compensation for their injuries and also to support their families following an accident. The FELA that was enacted in 1908, was an acknowledgement of the inherent hazards of the work. It also established uniform standards for liability. FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. In order for an injured worker to succeed in a claim 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 occurred as a direct result of the failure. This requirement can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements, can help strengthen a worker's legal case by providing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws are referred to as “railway statutes” and require that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must adhere to these rules in order to protect their employees. Infractions to these laws can be considered negligence by itself, which means that a violation of one of these rules is enough to justify a claim for injury under FELA. An instance of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or is defective. If railroad injury fela lawyer is injured as a result of this, they may be entitled to compensation. However, the law stipulates that if a plaintiff was a contributor to the injury in some way (even the injury is not severe) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allow railroad workers and their families to collect substantial damages from injuries caused during work. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be sought. This is intended to punish the railroad for negligent acts and discourage other railroads from engaging in similar actions. Congress passed FELA in 1908 as a result of public outrage over the shocking rate of accidents and fatalities on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers when they were injured while on the job. Railroad workers who were injured, and their families, were often denied financial aid during the time they were unable work because of their injuries or negligence on the part of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with an approach based on comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing their actions to those of his coworkers. The law also permits a jury trial. If a railroad operator 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 that it was a contributory cause of an accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad employee who has suffered an injury and you need to immediately seek out an experienced lawyer for railroad accidents. A qualified lawyer can assist you file your claim and receive the maximum amount of compensation in the event that you are not able to work because of the injury.