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Workers Compensation Vs Federal Employers Liability Act Workers in high-risk industries who are injured are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for example, have the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove that their injury was caused at the very least partially due to negligence on the part of the employer. Workers' Compensation vs. FELA While both workers compensation and FELA are laws that provide protections to employees, there are some significant differences between them. These differences are related to the process of filing claims as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation law offers rapid assistance to injured workers regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad employer is at the very least partly responsible for their injuries. In addition, FELA allows workers to sue in federal court rather than the state's workers compensation system. It also allows jurors for trials. It also establishes specific rules for determining damages. A worker could receive up to 80% of their average weekly wage plus medical expenses and a reasonable cost-of-living allowance. Moreover, a FELA suit may include additional compensation for pain and suffering. For a worker to succeed in a FELA case, they must show that negligence by the railroad played at least a small part in the resulting injury or death. This is a higher standard than the one required to win a workers' compensation claim. This is a result of the FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages. In the wake of more than 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but the trains, tracks, railroad yards and machine shops are still among the most dangerous work environments. FELA is crucial to ensure the safety of railway workers, and to correct employers' inability to protect their employees. It is important that you seek legal advice 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 on this link to find a DLC firm in your region. 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. It was enacted in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters since they are not covered by workers' compensation laws similar to those that protect land-based employees. It was modeled after the Federal Employers' Liability Act (FELA) which is which protects railroad workers. It was also designed to meet the needs of maritime workers. Contrary to the laws governing workers' compensation that limit the amount of compensation for negligence to a maximum of the injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's behavior. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages like the pain and suffering, future loss of earning capacity and mental distress, among others. A claim for seamanship under the Jones Act can be brought either in a state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws which are generally legal and do not give the injured employee the right to a jury trial. 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 evidence than the standard of evidence in FELA cases. The Court ruled the lower courts were right when they determined the seaman had to prove that his role in the accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous 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 standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a major distinction for injured workers in high-risk industries. This enables them to receive compensation for their injuries as well as support their families following an accident. The FELA was passed in 1908 to recognize the inherent dangers of the work and to establish uniform liability standards for businesses that operate railroads. FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches and other safety equipment. In order for an injured worker to be successful in a claim they must prove that their employer violated their duty of care by not providing a safe work environment, and that the injury occurred as a direct result of that failure. This requirement may be a challenge for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker by establishing a solid legal foundation. Certain railroad laws that could strengthen the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. fela lawyer are referred to as “railway statutes” and require that railroad corporations, and in certain cases their agents (like managers, supervisors, or company executives) must adhere to these rules to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is enough to justify a claim for injury under FELA. If an automatic coupler, grab iron, or any another railroad device isn't installed correctly or is damaged it is a typical instance of a railroad law violation. If an employee is injured due to this, they may be entitled to compensation. However, the law also stipulates that if the plaintiff was a contributor to the injury in any way (even even if it was a minor cause), their claim may be reduced. FELA vs. Boiler Inspection Act FELA is a set of federal laws that allows railroad employees and their families to claim significant damages if they suffer injuries while on the job. This includes compensation for the loss of earnings as well as benefits including medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is a way to penalize railroads for negligent actions and deter other railroads from engaging in similar actions. Congress adopted FELA in 1908 as a result of public outrage over the appalling rate of fatalities and accidents on the railroads. Before FELA there was no legal basis for railroad workers to sue employers for injuries they sustained in the course of their work. Injured railroad workers and their families were often left without adequate financial support during the period they were unable to work due to their injury or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either state or federal court. The act eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. The act determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law allows for the jury to decide on the case. If a railroad carrier 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 from it. The railroad does not have to prove negligence or that it contributed to an accident. You can also make an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you have been injured on the job as a railroad worker you must contact a seasoned railroad injury lawyer immediately. A reputable attorney can assist you in filing your claim and getting the most benefits possible during the time that you aren't working due to your injury.