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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who suffer injuries are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers. To recover damages under the FELA the victim must demonstrate that their injury was at least in part caused by the negligence of the employer. Workers' Compensation vs. FELA While both workers compensation and FELA are laws that offer protections to employees, there are some significant differences between the two. These differences are based on the process of filing claims as well as fault assessment and the types of damages awarded in instances of death or injury. Workers' compensation law offers rapid aid to injured workers, regardless of who was responsible for the accident. FELA, in contrast requires claimants to prove that their railroad employer was at least partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for determining damage. For instance workers can be awarded compensation of up to 80 percent of their weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain. To win a FELA claim the worker must show that the railroad's negligence was at the very 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 result of the FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to seek damages. As a result of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but the trains, tracks, railroad yards and machine shops remain some of the most dangerous workplaces. This is what makes FELA important for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees. If you are a railway employee who was injured in the course of work it is essential to seek legal advice as soon as you can. The best way to begin is to contact an approved designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer while on the job. The Jones Act was enacted in 1920 to provide a means to safeguard sailors who are at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was specifically designed to meet the specific requirements of maritime workers. The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering in the past and future, loss of earnings capacity and mental distress. A claim against a seaman in the Jones Act can be brought either in a state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a fundamentally new 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 by jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court ruled that the lower courts were right when they determined that a seaman's contribution to his own accident has to be shown to have directly contributed to his or her injury. Sorrell received 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 incorrect as they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is an important distinction for injured workers working in high-risk industries. This allows them to receive compensation for their injuries and also to support their families following an accident. The FELA law, which was passed in 1908 was an acknowledgment of the inherent dangers of the work. It also established uniform liability standards. FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful, an injured worker must show that their employer breached their obligation to them by not providing them with a reasonably safe working environment and that their injury resulted directly from this failure. This requirement can be a challenge for some workers, especially when a piece of equipment is involved in an accident. This is why an attorney with experience in FELA cases can be of assistance. A lawyer who understands the safety requirements for railroaders and the regulations that govern these requirements can help bolster the legal case of a worker by providing a solid legal base. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws are known as “railway statutes” and mandate that rail corporations, and in some instances their agents (like managers, supervisors or company executives) must follow these rules to protect their employees. fela law firm of these statutes may be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injuries under the FELA. An illustration of a railroad statute violation is the case where an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt due to the incident they could be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in some way (even the injury is not severe) the amount they claim will be reduced. FELA Vs. Boiler Inspection Act FELA is a set of federal laws that permit railroad employees and their families to recover significant damages for injuries they caused during work. This includes compensation for loss of earnings and benefits such as medical costs, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is a way to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct. Congress adopted FELA in 1908 due to public outrage at the alarming rate of fatalities and accidents on railroads. Before FELA there was no legal basis for railroad workers to sue employers when they suffered injuries on the job. Railroad workers injured and their families were often left without adequate financial support during the period that they could not work because of their injuries or the negligence of the railroad. Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his or her actions to those of his coworkers. The law permits a trial by jury. If a railroad operator violates any of the federal railroad safety statutes 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 that it was negligent, or even that it was a to the accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes. If you are a railroad worker who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. The right lawyer can assist you in submitting your claim and obtaining the most benefits possible for the time you aren't working due to the injury.