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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who suffer injuries are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act for instance, protects railroad employees. To be able to claim damages under FELA workers must prove that their injury was caused at the very least partially due to negligence on the part of the employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA while both laws provide protection for employees. These differences are related to claims processes, fault evaluation and the types of damages awarded for death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was responsible for the accident. FELA on the other hand requires claimants to prove that their railroad employer was at a minimum partially accountable for their injuries. Additionally, FELA allows workers to sue in federal court instead of the state's workers compensation system. It also allows a jury trial. It also sets specific guidelines for the determination of damages. A worker may receive up to 80% of their average weekly wage plus medical expenses and an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. To win a FELA claim, a worker must demonstrate that the railroad's negligence was an element in the cause of injury or death. This is a higher standard than that required for a successful workers compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA in order to improve the safety of rail lines by allowing workers to sue for substantial damages if they were injured in the course of their job. In the wake of more than 100 years of FELA litigation railway companies today regularly implement safer equipment, but railway tracks, trains, yards and machine shops are still one of the most hazardous places to work. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to safeguard their employees. It is essential to seek legal counsel as soon as you can if you are a railway worker who is injured at work. The best method to start is to contact an approved BLET-approved Legal Counsel (DLC). Click here to find the DLC firm in your region. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers for work-related injuries and deaths. It was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters as they are not covered by the laws on workers' compensation like those that cover land-based workers. It was modeled on the Federal Employers Liability Act (FELA) which is a law that covers railroad employees. It was also tailored to satisfy the needs of maritime workers. In contrast to workers' compensation laws which limit the recovery 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. In addition, under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering, past and future loss of earnings capacity, and mental distress. A claim by a seaman under the Jones Act may be brought in either a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to the laws governing workers' compensation. Most of these laws are statutory and do not grant injured employees 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 determine whether the contribution of a seaman to his or his own injury was subject to a higher standard of proof than the standard for proof in FELA cases. The Court ruled that the lower courts were correct in determining that a seaman's role in his own accident has to be proven to have directly caused his or her injury. Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be exactly the same. 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 significant distinction for injured workers in high-risk sectors. This enables them to receive compensation for their injuries as well as support their families following an accident. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the work. It also established uniform standards for liability. fela lawsuit settlements 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 cars and locomotives to switches, tracks, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has breached their obligation to them by not providing them with a reasonably safe working environment and that their injury resulted directly from this failure. This requirement may be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has expertise in FELA cases can help. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker, by providing a solid legal basis. Some railroad laws that can strengthen workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as “railway statues,” require that rail companies and, in certain cases their agents (such as supervisors, managers, or company executives) adhere to these regulations to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injury under the FELA. A typical instance of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or has a defect. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt due to the incident the employee may be entitled to compensation. The law states that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a series of federal laws that permit railroad employees and their families to claim substantial damages from injuries sustained during work. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be sought. This is in order to punish the railroad and deter other railroads from engaging in similar actions. Congress passed FELA in 1908 due to public outrage at the alarming number of fatalities and accidents on railroads. Before FELA, there was no legal basis for railroad employees to sue their employers if they were injured while on the job. Injured railroad workers and their families were often left without adequate financial aid during the period they were unable to work due to their injuries or negligence on the part of the railroad. Under the FELA railroad workers injured may seek damages in federal or state courts. The act abolished 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 his actions to those of his coworkers. The law also allows for the possibility of a jury trial. If a railroad carrier violates a federal railroad safety statute like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. It is not necessary for the railroad to prove that it was negligent or that it was a contributory to the accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes. If you have been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. A good lawyer can assist you in submitting your claim and receiving the highest amount of benefits during the time that you are not working due to your injury.