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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are usually protected by laws that hold employers to higher safety standards. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). To be able to claim damages under the FELA, a victim must demonstrate that their injury was at least partially caused due to the negligence of their employer. FELA vs. Workers' Compensation While both workers' compensation and FELA are laws that offer protections to employees, there are some significant differences between them. These differences are related to the process of claiming, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation law offers quick assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue in federal court instead of the state's worker compensation system. It also provides jurors for trials. It also provides specific rules for determining damages. A worker could receive up to 80% of their average weekly salary, as well as medical expenses, as well as a reasonable cost-of-living benefit. fela law firm may also provide compensation for pain and discomfort. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a much higher standard than what is required for a successful claim under workers compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for large damages if they suffered injuries in the course of their job. As a result of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, but the railway tracks, trains, yards and machine shops are one of the most hazardous workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees. If you are a railway employee who has been injured in the course of work it is imperative that you seek legal advice as soon as possible. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click on this link to locate a DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seamen to sue their employers for injuries or deaths while on the job. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, as they are not covered by workers' compensation laws similar to those that protect land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the specific needs of maritime employees. The Jones Act, unlike workers' compensation laws that restrict the amount of negligence recovery to the amount of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like past and present suffering and pain, as well as future loss of earning capacity and mental distress, among others. A claim for a seaman in the Jones Act can be brought in a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutes and do not give injured employees the right to a 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 evidence in FELA cases. The Court decided that the lower courts were correct when they ruled that the seaman had to prove that his contribution to his accident directly led to his injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous as they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. FELA in opposition to. Safety Appliance Act Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is a crucial distinction for injured workers who work in high-risk sectors. This allows them to be compensated for their injuries and to take care of their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies that manage railroads. FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches and other safety equipment. In order for an injured worker to prevail in a lawsuit they must prove that their employer breached their duty of care by failing to provide a safe work environment, and that the injury was a direct result of this inability. This requirement may be a challenge for some workers, especially when a piece of equipment is involved in an accident. This is why a lawyer with experience in FELA cases can be of assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can help a worker's case by establishing 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 referred to as “railway statutes” and require that railroad corporations, and in certain instances, their agents (like managers, supervisors, or company executives) must comply with these rules in order to protect their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation is sufficient to support a claim for injury under the FELA. A common instance of a railroad statute violation 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 may be entitled to compensation. The law states that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even even if the injury is minor). Boiler Inspection Act vs. FELA FELA is a set of federal laws that permit railroad employees and their families to collect substantial damages for injuries caused during work. This includes compensation for the loss of earnings and benefits including medical expenses or disability payments, as well as funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be sought. This is intended to punish railroads for negligent actions and deter other railroads from engaging in similar actions. Congress approved FELA as a response to public outrage in 1908 over the shocking number of deaths and accidents on railroads. Prior to FELA, there was no legal mechanism for railroad employees to sue their employers if they were injured at work. Railroad workers injured and their families were often left without financial support during the period that they were unable to work because of their injuries or the negligence of the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his actions with those of his coworkers. The law also allows for an open trial before a jury. If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. This does not require the railroad to prove it was negligent or even that it was a contributing cause of an accident. You can also make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury, you should immediately contact an experienced lawyer for railroad accidents. The right lawyer can help you file your claim and get the maximum amount of compensation in the event that you are not able to work because of the injury.