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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act is one example. It protects railroad workers. To claim damages under the FELA the victim must prove that their injury was at least in part caused by the negligence of the employer. FELA against. Workers' Compensation While both workers' compensation and FELA are laws that offer protections to employees, there are a few differences between the two. These distinctions are related to the claims process, fault evaluation and the types of damages awarded for injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who is at fault for the accident. FELA, on the other hand, requires that claimants demonstrate that their railroad employer was at least partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts in lieu of the state workers' compensation system, and also allows a trial with a jury. It also establishes specific guidelines for determining damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an appropriate cost of living allowance. Moreover, a FELA suit may include additional compensation for pain and suffering. In order for a worker to be successful in a FELA case they must prove that negligence by the railroad played at least a small part in the resulting injury or death. This is a higher standard than that required to be successful in a claim under workers compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages when they were injured during their employment. As a result of over a century of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but railroad tracks, trains, yards and machine shops are still among the most dangerous places to work. FELA is important to ensure the safety of railway workers, and to address employers' negligence in protecting their employees. It is essential to seek legal advice as quickly as you can when you are a railway worker who has been injured while at work. The best way to start is to contact an approved BLET-approved Legal Counsel (DLC). Click this link to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 as a means to safeguard sailors who risk their lives on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers Liability Act (FELA), which covers railroad employees. It was also tailored to meet the needs of maritime employees. Unlike workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act allows injured seamen to sue their employers to recover unspecified damages including the suffering and pain, as well as future loss of earning capacity, mental distress, etc. A claim against a seaman under 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 a jury trial. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory and do not grant injured workers 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 higher standard of evidence than the standard of proof in FELA cases. The Court decided that the lower courts were correct in determining that the seaman must prove his involvement in the accident directly caused his injury. Sorrell received US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect, since they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA Unlike workers' compensation laws and the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and maintain their families. The FELA, which was passed in 1908, was a recognition of the inherent risks of the job. It also established standardized liability requirements. FELA requires railroads to provide a safe working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, 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 the direct result of that inability. Some workers may find it difficult to meet this requirement, especially in the event that a defective piece of equipment is involved in causing an accident. An experienced lawyer who has experience with FELA claims is a great resource. 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 providing a solid legal foundation. Some railroad laws that may strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as “railway statues,” require that rail corporations, and in some instances, their agents (such as supervisors, managers, or company executives) adhere to these rules to ensure the safety of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA. A common instance of railroad statute violations is when an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured due to this, they could be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even if it is minimal). FELA vs. Boiler Inspection Act FELA is a set of federal laws that allows railroad employees and their families to recover substantial damages if they are injured while on the job. federal employers’ liability includes compensation for the loss of earnings as well as benefits including medical expenses, disability payments, and funeral expenses. Additionally, if an injury causes permanent impairment or death, a claim could be made for punitive damages. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar behavior. Congress adopted FELA in 1908 due to public outrage over the shocking rate of accidents and fatalities on the railroads. Before FELA there was no legal basis for railroad workers to sue employers for injuries they sustained on the job. Railroad workers who were injured and their families were often denied financial assistance during the time they were unable to work due to injury or negligence by the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing an approach based on comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions to those of his coworkers. The law allows for a trial by jury. If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. This does not require the railroad to prove it was negligent, or even that it was a contributory cause of an accident. You can also bring an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has been injured and you need to immediately seek out an experienced railroad injury lawyer. The right lawyer can help you file a claim and receive the most benefits during the time you are in a position of no work because of your injury.