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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors are injured, they are usually protected by laws that require employers to higher safety standards. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). To recover damages under the FELA the victim must prove 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 significant differences between the two. These differences are based on the claims process as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad company is at a minimum partially responsible for their injuries. FELA also allows workers to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also establishes specific guidelines for the calculation of damages. For instance, a worker can receive compensation up to 80 percent of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain. To be successful in a FELA claim the worker must show that the railroad's negligence was at the very least an element in the cause of injury or death. This is a higher requirement than the one required for a successful workers compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages. In the wake of more than a century of FELA litigation railway companies are now able to adopt and use safer equipment, however the railway tracks, trains, yards and machine shops are some of the most dangerous places to work. fela accident attorney makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to protect their employees. If you are a railway employee who has been injured while on the job, it is crucial that you seek legal advice as soon as possible. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Click this link to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. It was enacted 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 similar to those that protect land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the unique requirements of maritime workers. In contrast to workers' compensation laws which limit the recovery for negligence to a maximum amount 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 caused their death or injury. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages, such as past and present suffering and pain, as well as future loss of earning capacity as well as mental distress, for example. A suit for a seaman in the Jones Act can be brought in an state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a distinct method than the majority of workers' compensation laws, which are generally statutory and do not afford 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 decided that the lower courts were correct in determining that a seaman must prove that his involvement in the accident directly caused his 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 incorrect, since they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a major distinction for injured workers in high-risk industries. This allows workers to receive compensation for their injuries and also to support their families following an accident. The FELA was enacted in 1908 in recognition of the inherent dangers of the work and to establish uniform liability standards for businesses that manage railroads. FELA requires railroads to provide a safe work environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. To be successful, an injured worker must prove that their employer violated their duty of responsibility by not providing them with a reasonably safe working environment and that the injury resulted directly from the failure. This rule can be difficult to meet for some workers, particularly when a defective piece of equipment is involved in an accident. This is why an attorney with expertise in FELA cases can be helpful. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal base. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are known as “railway statutes” and require that railroad corporations, and in some instances, their agents (like managers, supervisors, or company executives) must adhere to these rules to protect their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is sufficient to support an injury claim under FELA. An illustration of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and should an employee be injured because of it, they may be entitled to compensation. However, the law states that if the plaintiff contributed to the injury in some way (even even if it was a minor cause) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that permit railroad workers and their families to recover substantial damages for injuries caused during work. This includes compensation for the loss of earnings and benefits, such as medical costs as well as disability benefits and funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar conduct. Congress approved FELA in response to the public's anger in 1908 over the shocking number of deaths and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers when they suffered injuries while on the job. Railroad workers injured in the line of duty and their families were often denied financial support during the time they were unable to work due to their injury or negligence by the railroad. Under the FELA, railroad workers who suffer injuries are able to file a claim for damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing his or her actions to those of his coworkers. The law permits an investigation by jury. If a railroad company violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. This does not require the railroad to prove that it was negligent or even that it was a to the accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured due to 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. The right lawyer will be able to assist you in filing your claim and receiving the maximum benefits available in the time you aren't able to work due to the injury.