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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). To recover damages under the FELA the victim must demonstrate that their injury was at least partially caused through the negligence of the employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA while both laws offer protection to employees. These differences relate to the claims process as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was responsible for the accident. FELA, on the other hand requires claimants to prove that their railroad company was at a minimum partially responsible for their injuries. FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also sets specific rules for the determination of damages. For instance workers can be awarded compensation up to 80 percent of their weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for pain and discomfort. To win a FELA claim the worker must show that the railroad's negligence was a factor in the resulting injury or death. This is a more stringent requirement than that needed for a successful claim under workers compensation. This is a consequence of the history of FELA. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for large damages if they suffered injuries in the course of their work. Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks, as well as in their machine shops, yards, and other workplaces. FELA is important to ensure the safety of railway workers and to tackle employers' failures in protecting their employees. It is essential to seek legal advice as quickly as you can when you are a railway worker who has been injured at work. The best way to start is by contacting an approved designated Legal Counselor from BLET (DLC). Click here to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer on the job. The Jones Act was passed in 1920 as a means to protect sailors who are at risk on the high seas and other navigable waters. fela law firm are not covered by workers' compensation laws unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers and was designed to meet the unique needs of maritime employees. The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to the maximum amount of lost wages for an injured worker and provides unlimited liability in maritime cases that involve 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 also allows injured seamen to sue their employers for unspecified damages like future and past suffering and pain as well as future and past loss of earnings capacity, and mental distress. A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to workers' compensation laws. Most of these laws are statutory in nature and do not give injured employees 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 contribution to their own injuries was subject to a stricter standard of proof than FELA claims. The Court ruled the lower courts were right in determining that the seaman had to prove that his role in the accident directly caused his injury. Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were wrong and they had instructed the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they can be compensated and maintain their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the job and to establish standard liability requirements for companies who operate 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 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 failure. Some workers may find it difficult to comply with this requirement, especially if a defective piece equipment is involved in causing an accident. This is why an attorney with expertise in FELA cases can be of assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by establishing a solid legal basis. Some railroad laws that can aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as “railway statues,” require that rail corporations, and in some instances, their agents (such as managers, supervisors or company executives), comply with these regulations to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim for injury under the FELA. When an automatic coupler, grab iron or other railroad device is not installed correctly or is defective, this is a common instance of a lawful railroad violation. This is a clear violation of the Safety Appliance Act, and if an employee is hurt because of it they could be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced when they contributed in any way to the injury (even even if the injury is minor). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they get injured while on the job. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be sought. This is in order to punish the railroad and deter other railroads from engaging in similar actions. Congress approved FELA in 1908 in response to public outrage over the shocking rate of fatalities and accidents on the railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured, and their families, were often left without financial assistance during the time they were unable to work due to accident or negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with the concept of the concept of comparative fault. The act determines a railroad worker’s share of responsibility for an accident by comparing their actions to those of their coworkers. The law also permits a jury trial. If a railroad company violates the federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. This does not mean that the railroad to prove that it was negligent or that it was a to the accident. You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you've been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer right away. A qualified lawyer can assist you file your claim and receive the maximum benefits for the time you are not able to work because of your injury.