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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. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). To be able to claim damages under the FELA the victim must be able to prove that their injuries were at least in part caused by the negligence of the employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA while both laws offer protection to employees. These differences are based on the process of filing claims, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation law offers quick assistance to injured workers regardless of who is responsible for the accident. FELA requires that claimants demonstrate that their railroad company is at the very least partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts instead of the state workers' compensation system and also allows a trial with a jury. It also establishes specific rules for the determination of damages. For example workers can be awarded compensation up to 80% of their average weekly wage, plus medical expenses and an affordable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. To be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a role in the death or injury. This is a higher requirement than what is required to win a workers compensation claim. This is a part of FELA’s history. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for substantial damages if they were injured in the course of their employment. In the wake of more than a century of FELA litigation railway companies are now able to adopt and use safer equipment, but the railroad tracks, trains, yards and machine shops remain one of the most hazardous places to work. FELA is essential to ensure the safety of railway workers, and to address employers' negligence in protecting their employees. If you are a railway employee who was injured in the course of work it is imperative that you seek legal advice as soon as you can. The best way to begin is to reach out to the designated Legal Counselor from BLET (DLC). Click this link to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law that permits seamen to sue their employers for injuries or deaths while on the job. The Jones Act was enacted in 1920 as a means to protect sailors who put their lives at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike workers on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the specific requirements of maritime workers. Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of the injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain, past and future loss of earnings capacity, and mental distress. A claim for compensation by a seaman under the Jones Act may be brought in a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutes and do not grant injured employees the right to trial before a jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or their own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled the lower courts were right when they ruled that the seaman must prove his involvement in the accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong and they had instructed the jury that Norfolk was solely responsible for negligence that directly 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 In contrast to the laws governing workers' compensation, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a crucial distinction for injured workers who work in high-risk fields. This enables them to receive compensation for their injuries as well as support their families following an accident. The FELA was enacted in 1908 to acknowledge the inherent dangers associated with the work and to establish uniform liability standards for businesses who operate railroads. FELA requires railroads to provide a secure working environment for their employees, which includes the use of well-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 acted in breach of their duty of care by failing to provide a safe work environment, and that the injury was directly caused by this negligence. This requirement can be difficult to fulfill for some workers, especially when a defective piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who understands the safety requirements for railroaders, as well as the regulations that govern these requirements can help strengthen the legal case of a worker by giving a solid legal basis. Some railroad laws that may aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as “railway statues,” require that rail corporations and, in some instances, their agents (such as managers, supervisors or company executives), comply with these rules to ensure the safety their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to justify a claim for injury under the FELA. A common illustration of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured as a result of this, they could be entitled compensation. However, the law states that if the plaintiff contributed to their injury in some way (even if minimal) the claim could be reduced. FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws that allows railroad workers and their family members to recover substantial damages if they suffer injuries on the job. This includes compensation for the loss of earnings as well as 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 claimed. This is a way to penalize railroads for negligent actions and deter other railroads from engaging in similar conduct. Congress passed FELA in 1908 due to public outrage over the shocking number of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue employers when they suffered injuries in the course of their work. Railroad workers injured and their families were frequently left without financial support during the period that they could not work because of their injuries or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either state or federal 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. fela lawsuits determines the railroad worker's share of responsibility for an accident by comparing their actions to the actions of their coworkers. The law allows for the jury to decide on the case. If a railroad carrier violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. The railroad does not have to prove negligence or the fact that it caused 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 suffered an injury and you need to immediately seek out an experienced lawyer for railroad injuries. A reputable attorney can assist you in submitting your claim and obtaining the most benefits possible for the time you aren't working because of the injury.