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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are generally protected by laws that require employers to higher safety standards. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). To be able to claim damages under FELA the worker must prove that their injury was caused at least in part by negligence on the part of the employer. Workers' Compensation vs. FELA There are differences between workers compensation and FELA while both laws offer protection to employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages awarded in instances of injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad's employer is at the very least partially responsible for their injuries. FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system and also allows a trial with a jury. It also sets specific guidelines for the determination of damages. A worker could receive up to 80% their average weekly salary, together with medical expenses and a reasonable cost-of-living allowance. Furthermore an FELA suit could include compensation for pain and suffering. In order to win a FELA claim, a worker must prove that the railroad's negligence was at the very least an element in the cause of injury or death. This is a far more stringent requirement than that needed for a successful claim under workers' compensation. This is a part of FELA’s history. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for substantial damages if they suffered injuries during their employment. As a result of over 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, however the railroad tracks, trains, yards and machine shops are one of the most hazardous places to work. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers 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. fela accident attorney to start is by contacting an approved designated Legal Counselor from BLET (DLC). Follow this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employers for injuries or fatalities on the job. The Jones Act was passed in 1920 as a means to protect sailors who risk their lives on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike workers on land. It was modeled after the Federal Employers Liability Act (FELA), which protects railroad employees. It was also tailored to meet the needs of maritime workers. Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly caused by the negligence of an employer's conduct. The Jones Act allows injured seamen to sue their employers to recover unspecified damages, such as past and present pain and suffering, future loss of earning capacity, mental distress, etc. A claim against seamanship under the Jones Act can be brought in either the state court or in a federal court. In a case brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach than most workers' compensation laws, which are generally statutory and do not afford injured employees the right to a trial by 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 held that the lower courts were correct in their decision that the seaman's involvement in his own accident must be shown as having directly caused his or her injury. Sorrell received US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was only responsible for the negligence that caused his injury. Norfolk asserted that the causation standard 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 significant distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries as well as take care of their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses that operate railroads. FELA requires that railroads provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. In order for an injured worker to be successful in a claim they must show that their employer acted in breach of their duty of care by not providing a safe working environment and that the injury occurred as the direct result of this negligence. Some workers may find it difficult to comply with this requirement, especially in the event that a defective piece of equipment is responsible for causing an accident. This is why an attorney with expertise in FELA cases can be of assistance. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case by providing a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen the worker's FELA claim. These laws, also referred to as “railway statues,” require that rail companies and, in certain instances, their agents (such as supervisors, managers, or company executives) must adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence by itself, which means that a violation of any one of these rules is enough to justify a claim for injury under FELA. A common example of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured as a result of this, they could be entitled to compensation. However, the law also stipulates that if a plaintiff was a contributor to the injury in some way (even even if it was a minor cause) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allows railroad employees and their families to recover substantial damages if they suffer injuries on the job. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is a way to penalize the railroad for negligent acts and discourage other railroads from engaging in similar conduct. Congress adopted FELA in response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal way for railroad employees to sue their employers if they suffered injuries at work. Railroad workers injured in the line of duty, and their families, were often left without adequate financial assistance during the period they were unable to work due to accident or negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either state or federal court. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk with a system based on comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing his or her 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 like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad is not required to prove negligence or that it contributed to an 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 diesel exhaust fumes. If you are a railroad employee who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. The right lawyer will be able to assist you in submitting your claim and receiving the highest amount of benefits for the time you are not working due to your injury.