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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that suffer injuries are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). To claim damages under the FELA the plaintiff must demonstrate that their injury was at least in part caused due to the negligence of their employer. Workers' Compensation vs. FELA There are differences between workers compensation and FELA although both laws provide protection to employees. These differences relate to the claims process as well as fault evaluation, and the types of damages awarded in the event of death or injury. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA requires that claimants show that their railroad's employer is at a minimum partially responsible for their injuries. In addition, FELA allows workers to sue federal courts rather than the state's workers' compensation system and provides jurors for trials. It also establishes specific rules for determining damage. For example an employee can receive an amount of compensation that is up to 80 percent of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. Moreover, a FELA suit could include compensation for pain and suffering. To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a role in the injury or death. This is a higher level than that required to win a workers compensation claim. This is a part of FELA’s history. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for large damages if they were injured in the course of their work. Despite the fact that railroad companies have been suing for more than a century, they still employ dangerous equipment and train tracks as well as in their machine shops, yards, and other work areas. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to protect their employees. If you are a railway employee who was injured while on the job it is imperative that you seek legal advice as soon as possible. The best way to begin is to reach out to an approved BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm in your area. 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 way to safeguard sailors who risk their lives on the high seas or other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers Liability Act (FELA), which protects railroad employees. It was also designed to accommodate the needs of maritime employees. 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. Additionally under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified, such as 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 a state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a jury trial. This is a distinct approach than most workers' compensation laws, which are usually legal and do not give injured workers the right to a jury trial. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct when they ruled that the seaman had to prove that his contribution to his accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous, since they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. fela attorneys . FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a crucial distinction for injured workers working in high-risk sectors. This allows workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA that was enacted in 1908, was an acknowledgement of the inherent hazards of the job. It also established uniform liability standards. FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. In order for an injured worker to be successful in a lawsuit they must show that their employer violated their duty of care by failing to provide a safe work environment, and that the injury occurred as directly caused by the failure. This requirement can be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why having a lawyer who has expertise in FELA cases can be helpful. A lawyer who understands the safety requirements for railroaders, and the regulations that govern these requirements can strengthen the legal case of a worker by giving a solid legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws are known as “railway statutes” and require that railroad corporations, and in some cases, their agents (like managers, supervisors, or company executives) must follow these rules in order to protect their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation is enough to justify a claim for injury under the FELA. An illustration of an infraction to the railroad statute is when an automatic coupler or grab iron isn't correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and if an employee is hurt because of it, they may be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in any way (even the injury is not severe) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that permit railroad workers and their families to claim substantial damages from injuries sustained while working. This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim can be filed for punitive damages. This is to penalize the railroad and dissuade other railroads from engaging similar actions. Congress approved FELA in 1908 as a result of public outrage over the appalling rate of accidents and fatalities on the railroads. Before FELA, there was no legal way for railroad employees to sue their employers if they were injured while on the job. Railroad workers who were injured and their families were frequently left without adequate financial support during the period they were unable to work due to their injury or the negligence of the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk by establishing a system based on the concept of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his actions to those of coworkers. The law allows for an investigation by jury. If a railroad operator violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad does not have to prove negligence or the fact that it caused an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines. If you've been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer immediately. A qualified lawyer can assist you file a claim and obtain the most benefits for the time you are not able to work because of your injury.