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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad employees. To recover damages under the FELA the victim must prove that their injury was at a minimum, caused through the negligence of the employer. Workers' Compensation vs. FELA While both workers compensation and FELA are laws that offer protection to employees, there are significant differences between the two. These differences are related to the process of claiming as well as fault assessment and the types of damages awarded in cases of death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was responsible for the accident. FELA, on the other hand demands that claimants prove that their railroad employer was at a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue in federal court instead of the state's workers' compensation system and provides the option of a jury trial. It also has specific guidelines for the determination of damages. For example, a worker can receive compensation of up to 80 percent of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain. For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a role in the injury or death. This is a higher standard than the one required for a successful workers compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to seek damages. As a result of over a century of FELA litigation railway companies are now able to adopt and use safer equipment, but the railway tracks, trains, yards and machine shops remain one of the most hazardous places to work. This is what makes FELA crucial for ensuring safety of all railway workers as well as addressing the failures of employers to safeguard their employees. If you are a railway employee who was injured while on the job it is essential that you seek legal advice as soon as possible. The best way to start is by contacting the BLET designated Legal Counsel (DLC). Click on this link to find the DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for injuries or fatalities while on the job. The Jones Act was passed in 1920 as a way 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 land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the unique needs of maritime employees. In contrast to workers' compensation laws which limit the 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. Additionally, under the Jones Act, plaintiffs are not required to prove that their death or injury 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 like future and past suffering and pain, past and future loss of earnings capacity and mental distress. A claim for a seaman under the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a revolutionary approach to workers' compensation laws. Most of these laws are statutory and do not grant injured workers the right to trial by jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subject to a stricter evidence standard than FELA claims. The Court held that lower courts were correct when they ruled that a seaman must prove that his involvement in the accident directly caused his injury. Sorrell was awarded US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were wrong in that they told the jury that Norfolk was only responsible for the negligence that caused the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. FELA Vs. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses that manage railroads. FELA requires that railroads provide a safe workplace for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a reasonably secure working environment and that their injury resulted directly from 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. A lawyer with experience in FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by establishing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's 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 company executives) must adhere to these rules in order to protect their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation can be considered sufficient to support a claim of injury under the FELA. If an automatic coupler, grab iron or another railroad device isn't installed correctly or is damaged, this is a common instance of a railroad law violation. If an employee is injured as a result of this, they could be entitled to compensation. However, the law stipulates that if the plaintiff contributed to their injury in any way (even if minimal), their claim may be reduced. FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they are injured on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is to penalize the railroad and discourage other railroads from engaging in similar behavior. Congress passed FELA in 1908 in response to public outrage over the shocking number of fatalities and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without adequate financial aid during the period they were unable to work due to injury or negligence by the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law eliminated defenses such as 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 their actions to those of coworkers. The law allows for the jury to decide on the case. If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not have to prove that it was negligent or that it contributed to an accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. railroad injury fela lawyer can help you file your claim and obtain the maximum amount of compensation for the time you are not able to work because of your injury.