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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Federal Employers' Liability Act for instance, protects railroad employees. In order to recover damages under FELA, a worker must prove their injury was caused at least partly due to negligence on the part of the employer. FELA against. Workers' Compensation While both workers' compensation and FELA are laws that provide protections 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 death or injury. Workers' compensation law provides rapid assistance 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 a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue federal courts instead of the state's worker' compensation system and provides jurors for trials. It also establishes specific guidelines for the calculation of damages. For example, a worker can receive compensation up to 80 percent of their weekly wage, plus medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain. In order to win a FELA claim, a worker must prove that the railroad's negligence was a factor in the resulting injury or death. This is a higher standard than what is required to win a workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by permitting workers to sue for significant damages if they suffered injuries in the course of their job. Despite the fact that railroad companies have been suing for more than a century, they still use dangerous equipment and train tracks as well as in their yards, machine shops, and other workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to safeguard their employees. It is essential to seek legal counsel as soon as you can if you are railway worker who is injured at work. The best way to begin is by contacting a designated Legal Counselor from BLET (DLC). Follow this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed in 1920 to provide a means to protect sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the specific requirements of maritime workers. The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the amount 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 led to their injury or death. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages including past and present suffering and pain, as well as future loss of earning capacity as well as mental distress, for example. A seaman's claim under the Jones Act may be brought in a state or federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a revolutionary approach to the workers' compensation laws. The majority of these laws are statutory in nature 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 determine whether the contribution of a seaman to his or his own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court held that the lower courts were correct in determining that the seaman's involvement in his own accident must be proven as having directly caused the injury. Sorrell was awarded US$1.5 million in compensation 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 determine 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 resulted in injuries. This is a significant distinction for injured workers working in high-risk industries. After an accident, they will be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for businesses that operate railroads. FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety equipment. To allow an injured worker to prevail in a lawsuit 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 directly caused by this inability. This requirement can be difficult to meet for some workers, especially when a piece of equipment is involved in an accident. An attorney 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 help bolster the legal case of a worker by giving a solid legal basis. Some railroad laws that may aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as “railway statues,” require that rail corporations and, in some cases their agents (such as managers, supervisors or company executives) adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is sufficient to justify an injury claim under FELA. When an automatic coupler, grab iron, or any another railroad device isn't installed properly or is defective This is a common instance of a railroad law violation. If an employee is injured as a result of this, they 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). FELA vs. fela claims is a series of federal laws that permit railroad employees and their families to claim significant damages for injuries they that they sustain during work. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim may be made for punitive damages. This is intended to punish railroads for their negligence and discourage other railroads from engaging in similar behavior. Congress adopted FELA in response to the public's anger in 1908 at the shocking number of deaths and accidents on railroads. Before FELA there was no legal way for railroad employees to sue their employers if they suffered injuries while on the job. Railroad workers who were injured, and their families, were often denied financial aid during the time they were unable work due to injury or negligence by the railroad. Under the FELA railroad workers who are injured can make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with a system based on the concept of comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for the possibility of a jury trial. If a railroad carrier 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. It is not necessary for the railroad to prove it was negligent, or even that it was a contributory to the cause of an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes. If you've been injured while working as a railroad worker, you should contact an experienced railroad injury attorney immediately. A good lawyer can help you file a claim and get the maximum amount of compensation in the event that you are not able to work because of your injury.