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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 require employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees. In order to be entitled to damages under FELA the worker must prove their injury was caused at the very least in part by negligence on the part of the employer. Workers' Compensation vs. fela claims railroad employees There are some differences between workers compensation and FELA, even though both laws offer protection to employees. These distinctions are related to the claims process, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation law provides quick relief to injured workers regardless of who was at fault for the accident. FELA however, however requires claimants to prove that their railroad company was at least partially accountable 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 rules for determining damages. For instance workers can be awarded an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort. In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at least a factor in the injury or death. This is a higher requirement than that required to win a workers' compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for significant damages if they were injured in the course of their employment. As a result of more than a century of FELA litigation railway companies are now able to implement safer equipment, but the trains, tracks, railroad yards and machine shops are still one of the most hazardous workplaces. FELA is crucial to ensure the safety of railway workers, and to correct employers' failures in protecting their employees. If you are a railway worker who has suffered an injury on the job it is imperative that you seek legal advice as quickly as you can. The best way to start is by contacting an approved designated Legal Counselor from BLET (DLC). Click here 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 passed in 1920 as a means to protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was modeled after the Federal Employers Liability Act (FELA) which is a law that covers railroad workers. It was also crafted to satisfy the needs of maritime employees. The Jones Act, unlike workers compensation laws which limit the amount of negligence compensation to the amount of lost wages for an injured worker, provides unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering in the past and future, loss of earnings capacity and mental distress. A seaman's claim under the Jones Act may be brought in either a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a distinct approach than most workers' compensation laws, which are typically statutory and do not afford injured workers the right to a jury trial. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court held that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be proved as having directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same. 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 enables them to receive compensation for their injuries and to maintain their families after an accident. The FELA was enacted in 1908 to recognize the inherent dangers associated with the job and to set up uniform liability standards for businesses who operate railroads. FELA requires railroads to provide a safe work environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to switches, tracks, and other safety equipment. To be successful an injured worker must demonstrate that their employer has violated their duty of responsibility by not providing them with a safe working environment and that the injury resulted directly from the failure. This rule can be a challenge for some workers, especially when a defective piece of equipment is involved in an accident. This is why having a lawyer with expertise in FELA cases can help. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements, can strengthen the legal case of a worker by providing a solid legal base. Some railroad laws that can help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as “railway statues,” require that rail corporations and, in some instances, their agents (such as managers, supervisors or company executives) adhere to these rules to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is sufficient to support an injury claim under FELA. If an automatic coupler, grab iron, or any other railroad device is not installed properly or is defective This is a common instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and should an employee be injured because of it they could be entitled to compensation. The law provides that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even even if the injury is minor). FELA Vs. Boiler Inspection Act FELA is a set of federal laws which allow railroad employees and their families to collect substantial damages from injuries caused during work. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging in similar conduct. Congress adopted FELA as a response to public outrage in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers when they suffered injuries on the job. Injured railroad workers and their families were often denied financial assistance during the time they were unable work due to their injury or negligence by the railroad. Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act abolished defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. The act determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law allows for an investigation by jury. If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. This does not mean that the railroad to prove it was negligent or even that it was a contributing to the accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines. If you've been injured while working as a railroad worker, you should consult a skilled railroad injury attorney immediately. A reputable attorney will be able to assist you in submitting your claim and obtaining the most benefits possible in the time you aren't working due to your injury.