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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who suffer injuries are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad workers. To claim damages under the FELA the victim must demonstrate that their injury was at a minimum, caused through the negligence of the employer. Workers' Compensation vs. FELA While both workers' compensation and FELA are laws that provide protection to employees, there are a few differences between them. These differences are related to the claims process, fault assessment and types of damages awarded in cases of injury or death. Workers' compensation law offers immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also allows the option of a jury trial. It also sets specific rules for determining damages. For instance, a worker can receive compensation up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. Furthermore the FELA suit could include compensation for pain and suffering. 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 standard than what is required to win a workers compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for significant damages if they were injured during their work. In the wake of more than a century of FELA litigation railway companies today regularly adopt and use safer equipment, but railroad tracks, trains, yards and machine shops are some of the most dangerous work environments. FELA is essential to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees. If you are a railway worker who has been injured in the course of work it is imperative to seek legal advice as quickly as you can. The best method to start is by contacting the BLET designated Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths while on the job. The Jones Act was passed in 1920 to provide a means to safeguard sailors who put their lives at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was modeled on the Federal Employers' Liability Act (FELA) which was which protects 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 injured workers and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like the pain and suffering, future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in either a state or federal court. The plaintiffs in a suit filed 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 statutory and do not grant 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 determine whether the contribution of a seaman to his or her own injury was subject to a higher standard of proof than the standard for proof in FELA cases. The Court decided that the lower courts were correct in determining that a seaman's role in his own accident has to be proven as having directly caused his or her 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 not correct in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk industries. This allows workers 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 work and to establish uniform liability standards for businesses that operate railroads. FELA requires railroads to provide a safe working environment for their employees, including the use of properly maintained and repaired equipment. fela lawsuits includes everything from locomotives and cars to tracks, switches and other safety equipment. To allow an injured worker to succeed in a claim they must show that their employer acted in breach of their duty of care by not providing a safe work environment, and that the injury occurred as a direct result of the negligence. Some employees may find it difficult to comply with this requirement, particularly if a defective piece equipment is responsible for causing an accident. This is why a lawyer who has expertise in FELA cases can help. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements can strengthen a worker's legal case 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 certain instances, their agents (like managers, supervisors or company executives) must adhere to these rules in order to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of any one of these rules is enough to justify a claim for injury under FELA. When an automatic coupler, grab iron or another railroad device isn't installed properly or is defective, this is a common instance of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. The law states that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even when the injury is not severe). FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws that allows railroad workers and their family members to claim significant damages if they get injured while on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral costs. Additionally in the event that an injury results in permanent impairment or death, a claim may be filed for punitive damages. This is to penalize the railroad for negligent acts and discourage other railroads from engaging in similar actions. Congress adopted FELA in 1908 due to public outrage over the appalling number of fatalities and accidents on the railroads. Prior to FELA there was no legal way for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers injured and their families were often left without adequate financial support during the period that they were unable to work due to their injury or the negligence of the railroad. Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing the concept of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his or her actions to those of his coworkers. The law permits the jury to decide on the case. If a railroad operator violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. It is not necessary for the railroad to prove that it was negligent or even that it was a contributory to the 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 diesel exhaust fumes. If you are a railroad worker who has been injured or injured, you must immediately contact an experienced lawyer for railroad injuries. The right lawyer will be able to assist you in submitting your claim and getting the most benefits possible in the time you aren't able to work because of the injury.