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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are typically protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). In order to recover damages under FELA the worker must prove their injury was caused at least partly due to negligence on the part 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 relate to claims processes 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 was at fault for the accident. FELA on the other hand requires claimants to prove that their railroad employer was at a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also allows a jury trial. fela law firm has specific guidelines for the determination of damages. A worker could receive up to 80% of their weekly average wage, plus medical expenses, and a reasonable cost-of-living benefit. Moreover an FELA suit may include additional compensation for pain and suffering. In order for a worker to be successful in a FELA case they must prove that the railroad's negligence played at least a part in the injury or death. This is a higher level than that required for a successful workers compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages. Despite the fact that railroad companies have been suing for over a century, they still use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other work areas. FELA is important to ensure the safety of railway workers and to address employers' negligence in protecting their employees. If you are a railway worker who has suffered an injury in the course of work, it is crucial that you seek legal advice as quickly as possible. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click on this link to locate a DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. It was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters since 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 covers railroad workers, and was tailored to address 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 cases that involve employer negligence. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent actions. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including the past and present suffering and pain, future loss of earning capacity and mental distress, among others. A claim by a seaman under the Jones Act may be brought in a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the laws governing workers' compensation. The majority of these laws are statutory and do not give injured workers the right to trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of proof than the standard for proof in FELA cases. The Court held that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be shown to have directly contributed to his or her 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 not correct, as they instructed the jury that Norfolk was solely responsible for negligence that directly caused the injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers working in high-risk industries. This allows them to receive compensation for their injuries as well as maintain their families after an accident. The FELA was enacted in 1908 in recognition of the inherent dangers of the job and to set up uniform liability standards for companies who operate railroads. FELA requires railroads to provide a safe working environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has breached their obligation to them by failing to provide them with a reasonably safe working environment and that the injury was the direct result of this negligence. This rule can be difficult to meet for some workers, especially when a defective piece of equipment is involved in an accident. This is why a lawyer with expertise in FELA cases can be helpful. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case by providing a strong legal basis. Some railroad laws that may aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as “railway statutes” and mandate that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must follow these rules to protect their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation is sufficient to justify a claim for injury under the FELA. An example of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured because 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 if minimal) the claim could be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allow railroad workers and their families to collect substantial damages from injuries that they sustain while working. This includes compensation for loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. In addition, if an injury results in permanent impairment or death, a claim can be brought for punitive damages. This is to penalize the railroad and discourage other railroads from engaging in similar actions. Congress approved FELA in 1908 in response to public outrage at the alarming number of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained in the course of their work. Railroad workers injured and their families were frequently left without adequate financial support during the time that they were unable to work because of their injuries or the negligence of the railroad. Under the FELA railroad workers who suffer injuries may make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk by establishing a system based on comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions to those of coworkers. The law also allows for an open trial before a jury. If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. This does not mean that the railroad to prove it was negligent or that it was a contributory to the cause of an accident. It is also possible to bring an action 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 must contact a seasoned railroad injury lawyer right away. A qualified lawyer can assist you file your claim and receive the most benefits during the time you are in a position of no work because of your injury.