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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for example, have the Federal Employers' Liability Act (FELA). To claim damages under the FELA, a victim must demonstrate that their injury was at least partially caused by the negligence of the employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA although both laws provide protection for employees. These differences are based on the process of claiming as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was responsible for the accident. FELA, in contrast requires claimants to prove that their railroad company was at a minimum partially responsible for their injuries. FELA also permits workers to sue federal courts on behalf of the state workers' compensation system and also allows a trial with a jury. It also has specific guidelines for the calculation of damages. A worker could receive up to 80% of their average weekly wage as well as medical expenses and a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for discomfort and pain. In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher level than what is required for a successful workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA in an effort to increase safety on the rails by permitting workers to sue for significant damages when they were injured during their work. Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks as well as in their machines shops, yards and other workplaces. FELA is essential to ensure the safety of railway workers and to correct employers' inability to protect 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 quickly as you can. The best way to begin is to reach out to a designated Legal Counselor from BLET (DLC). Click here to locate a DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for any injuries or deaths they suffer during work. The Jones Act was passed in 1920 as a means to safeguard sailors who are 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 on the Federal Employers Liability Act (FELA) which is a law that covers railroad employees. It was also crafted to meet the needs of maritime employees. The Jones Act, unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their 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 like future and past pain and 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 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 usually legal and do not give injured workers the right to a trial by 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 her own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court decided that the lower courts were right in their decision that the seaman's involvement in his own accident must be proved to have directly caused the injury. Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk claimed that the standard of 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 caused injuries. This is a crucial distinction for injured workers who work in high-risk sectors. After an accident, they are able to be compensated and provide for their families. The FELA, which was passed in 1908, was an acknowledgement of the inherent dangers of the work. It also set up uniform standards for liability. FELA requires railroads to provide a safe work environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. 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 directly caused by that inability. This requirement can be a challenge for some workers, especially when a piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders and the regulations that regulate these requirements, can strengthen a worker's legal case by providing a solid legal base. Some railroad laws that can help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in certain instances, their agents (like managers, supervisors or company executives) must comply with these rules to protect their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA. A typical example of a railroad statute violation is the case where an automatic coupler or grab iron is not properly installed or is defective. If an employee is injured because of this, they could be entitled compensation. The law states that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad employees and their families to recover significant damages for injuries they that they sustain while working. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be claimed. fela lawyers is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar behavior. Congress adopted FELA in 1908 in response to public outrage over the shocking rate of fatalities and accidents on railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers when they were injured at work. Railroad workers injured and their families were often left without financial assistance during the time that they were unable to work due to their injury or the negligence of the railroad. Under the FELA, railroad workers injured are able to file a claim for damages in state or federal courts. The act abolished defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. This means that the railroad worker's share of the responsibility for an accident is determined by comparing his or her actions with those of his coworkers. The law also permits an open trial before a jury. If a railroad operator violates a federal railroad safety law, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. The railroad is not required to prove negligence or that it contributed to an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes. If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A reputable attorney will be able to assist you in filing your claim and receiving the most benefits possible in the time you aren't working because of the injury.