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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are typically protected by laws that require employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). To claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused through the negligence of the employer. Workers' Compensation vs. FELA 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 claims processes as well as fault evaluation, and the types of damages that are awarded for injury or death. Workers' compensation law provides immediate assistance to injured workers regardless of who is responsible for the accident. FELA requires that claimants show that their railroad company is at the very least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also provides the option of a jury trial. It also establishes specific rules for determining damages. A worker may receive up to 80% their average weekly salary, plus medical expenses, as well as a reasonable cost-of-living benefit. Furthermore an FELA suit may include additional compensation for pain and suffering. To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least an element in the cause of injury or death. This is a far more stringent requirement than that needed to be successful in a claim under workers compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for substantial damages when they were injured in the course of their employment. Despite the fact that railroad companies have been suing for more than 100 years, they use dangerous equipment and train tracks, as well as in their machine shops, yards, and other work areas. FELA is crucial to ensure the safety of railway workers, and to tackle employers' failures in protecting their employees. It is crucial to seek legal counsel as soon as you can when you are railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to begin. Click here to find a DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employers for any injuries or deaths they suffer on the job. 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 workers' compensation laws like those for employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers and was specifically designed to meet the unique needs of maritime employees. The Jones Act, unlike workers compensation laws which restrict the amount of compensation for negligence to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their injury or death was directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified including the suffering and pain, as well as future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in either a state or federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutory and do not grant injured employees the right to 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 her own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court ruled that the lower courts were correct when they determined that the seaman's involvement in his own accident has to be shown to have directly caused the injury. Sorrell received US$1.5 million as 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 decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers working in high-risk sectors. After an accident, they will be compensated and maintain their families. The FELA was enacted in 1908 to acknowledge the inherent dangers associated with the work and to establish standard liability requirements for companies that manage railroads. FELA requires railroads to provide a safe work environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and trains to tracks, switches and other safety gear. To allow an injured worker to succeed in a lawsuit, they must prove that their employer breached their duty of care by not providing a safe working environment and that the injury was a direct result of that failure. Some employees may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. A lawyer with experience in FELA claims can be of great assistance. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a strong legal basis. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are referred to as “railway statutes” and require that rail corporations, and in some instances, their agents (like managers, supervisors or executives of companies) must comply with these rules to protect their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is enough to support a claim for injuries under the FELA. If an automatic coupler, grab iron or other device for railroads is not installed correctly or is defective it is a typical instance of a railroad law violation. If fela accident attorney www.accidentinjurylawyers.claims is injured as a result of this, they may be entitled compensation. However, the law also states that if the plaintiff was a contributor to the injury in some way (even even if it was a minor cause), their claim may be reduced. FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws that allows railroad workers and their family members to claim substantial damages if they are injured on the job. This includes compensation for the loss of earnings as well as benefits such as medical costs as well as disability benefits and funeral expenses. In addition, if an injury causes permanent impairment or death, a claim may be made for punitive damages. This is a way to penalize the railroad for negligent acts and deter other railroads from engaging in similar actions. Congress approved FELA in 1908 in response to public outrage over the shocking number of fatalities and accidents on the railroads. Prior to FELA, there was no legal basis for railroad workers to sue their employers if they were injured while on the job. Railroad workers who were injured and their families were often denied financial assistance during the period they were unable to work because of their accident or negligence of the railroad. Under the FELA railroad workers injured are able to seek damages in federal or state courts. The act abolished defenses like The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing their actions with those of his coworkers. The law allows for the jury to decide on the case. If a railroad company violates any of the 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 negligence or that it contributed to an accident. You can also bring an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad employee who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. The right lawyer will be able to assist you in submitting your claim and receiving the highest amount of benefits in the time you aren't working because of the injury.