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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors 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. To be able to claim damages under FELA, a worker must prove their injury was caused partly due to negligence on the part of the employer. Workers' Compensation vs. FELA There are differences between workers compensation and FELA although both laws provide protection to employees. These differences are based on the claims process, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA on the other hand requires claimants to prove that their railroad employer was at least partially responsible for their injuries. FELA also allows workers 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 determining damage. For example, a worker can receive an amount of compensation that is up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit could also include compensation for discomfort and pain. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the injury or death. This is a higher standard than the one required for a successful workers' compensation claim. This is a result of FELA’s history. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for large damages if they suffered injuries in the course of their job. Despite the fact that railroad companies have been suing for over 100 years, they use dangerous equipment and train tracks as well as in their yards, machine shops, and other work areas. This makes FELA important for ensuring the safety of all railway workers and taking action against employers' inability to safeguard their employees. If you are a railway worker who was injured on the job it is imperative that you seek legal advice as soon as possible. The best way to start is to reach out to a BLET-approved Legal Counsel (DLC). Click here to find a BLET-approved DLC firm in your area. 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. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, since they are not covered by workers' compensation laws like those that cover employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was designed to meet the unique requirements of maritime workers. Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified, such as the suffering and pain, future loss of earning capacity and mental distress, among others. A claim by a seaman under the Jones Act may be brought in a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the laws governing workers' compensation. The majority 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 clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court decided that the lower courts were correct in determining that the seaman must prove his role in the accident directly caused his injury. Sorrell was awarded US$1.5 million as compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were wrong and they had instructed the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers who work in high-risk fields. After an accident, they can be compensated and provide for their families. The FELA, which was passed in 1908, was a recognition of the inherent hazards of the work. It also established standardized liability requirements. FELA requires that railroads offer a safe working environment for their employees. fela law firm includes the use of maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, 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 comply with this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. An attorney with experience in FELA claims can be of great assistance. A lawyer who knows the safety requirements for railroaders, and the regulations that govern these requirements, can strengthen the legal case of a worker by giving a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen workers' FELA claim. These laws are referred to as “railway statutes” and mandate that rail corporations, and in some instances their agents (like managers, supervisors, or executives of companies) must follow these rules in order to protect their employees. Violating these statutes can constitute negligence per se, meaning that a violation of one of these rules is sufficient to support an injury claim under 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 lawful railroad violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured because of it the employee may be entitled to compensation. The law states that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even if it is minimal). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they suffer injuries while working. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. If an injury causes permanent impairment or death, punitive damages can also be claimed. This is in order to punish the railroad and discourage other railroads from engaging in similar conduct. Congress adopted FELA as a response to the public's anger in 1908 over the shocking number of deaths and accidents on railroads. Before FELA there was no legal basis for railroad workers to sue their employers when they were hurt while on the job. Injured railroad workers, and their families, were often left without financial support during the time they were unable work because of their injuries or negligence on the part of the railroad. Under the FELA railroad workers who are injured may file a claim for damages in federal or state courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative blame. This means that the railroad worker's share of the blame for an accident is determined by comparing their actions to those of his coworkers. The law permits a trial by jury. If a railroad operator violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. If you have been injured on the job as a railroad worker, you should consult a skilled railroad injury lawyer immediately. The right lawyer can help you file your claim and obtain the maximum benefits in the event that you are not able to work because of your injury.