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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who are injured are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). To recover damages under the FELA, a victim must prove that their injury was at least partially caused due to the negligence of their employer. fela lawsuits . Workers' Compensation There are differences between workers' compensation and FELA although both laws provide protection for employees. These differences relate to the process of submitting claims as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation laws provide immediate aid to injured workers, regardless of who is at fault for the accident. FELA however, requires that claimants demonstrate that their railroad employer was at least partially responsible for their injuries. FELA also allows workers to sue federal courts on behalf of the state workers' compensation system and allows for a trial by jury. It also has specific guidelines for the determination of damages. A worker can receive up to 80% of their weekly average wage, plus medical expenses and an appropriate cost-of-living allowance. Additionally an FELA suit could also include compensation for pain and suffering. To be successful in a FELA claim the worker must show that the railroad's negligence was 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 the history of FELA. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages. Despite the fact that railroad companies have been suing for more than 100 years, they employ dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. This makes FELA essential for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees. It is important that you seek legal counsel as soon as you can when you are railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click on this link 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 on-the-job injuries and deaths. The Jones Act was enacted in 1920 as a means to protect sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the unique requirements of maritime workers. Contrary to the laws governing workers' compensation, which limit 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. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages including the past and present suffering and pain, future loss of earning capacity and mental distress, among others. A claim for a seaman in the Jones Act can be brought either in the state court or in a federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to workers' compensation laws. The majority of these laws are statutory and do not give injured workers the right to trial before a jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subject to a stricter evidence standard than FELA claims. The Court held that lower courts were correct when they determined the seaman had to prove that his contribution to his accident directly led to his 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 not correct in that they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for companies who operate railroads. FELA requires railroads to provide a secure working environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To allow an injured worker to prevail in a lawsuit they must prove that their employer violated their duty of care by not providing a safe work environment and that the injury occurred as a direct result of this inability. Some employees may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. This is why a lawyer with expertise in FELA cases can be helpful. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can improve a worker's case by providing a solid legal foundation. Some railroad laws that may help a worker's 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 instances, their agents (such as managers, supervisors, or company executives) adhere to these regulations to ensure the safety of their employees. Violating these statutes can constitute negligence per se, meaning that a violation of one of these rules is sufficient to justify an injury claim under FELA. If an automatic coupler, grab iron or other device for railroads is not installed correctly or is defective This is a common instance of a railroad law violation. If an employee is injured because of this, 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). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad employees and their families to claim substantial damages for injuries that they sustain while working. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be sought. This is to penalize the railroad and dissuade other railroads from engaging in similar conduct. Congress adopted FELA in response to the public's anger in 1908 over the shocking rate of accidents and deaths on railroads. Before FELA there was no legal basis for railroad workers to sue their employers when they were hurt while on the job. Railroad workers who were injured and their families were frequently left without financial support during the period that they could not work because of their injuries or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing an approach based on comparative fault. The law determines a railroader's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law permits the jury to decide on the case. If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not need to prove that it was negligent or contribute to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes. If you have been injured on the job as a railroad worker, you should consult a skilled railroad injury lawyer right away. A good lawyer will be able to assist you in filing your claim and receiving the highest amount of benefits during the time that you are not working because of the injury.