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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors are injured, they are generally protected by laws that hold employers to higher safety standards. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove their injury was caused at least in part by negligence on the part of the employer. FELA Vs. Workers' Compensation There are some differences between workers' compensation and FELA while both laws provide protection for employees. These distinctions are related to the process of submitting claims as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation law provides immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad employer is at a minimum partially responsible for their injuries. In addition, FELA allows workers to sue federal courts instead of the state's workers' compensation system and provides the option of a jury trial. It also has specific rules for determining damages. For example, a worker can receive an amount of compensation that is up to 80% of their average weekly wage, plus medical expenses and a reasonable cost of living allowance. Moreover the FELA suit could also include 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 resulting injury or death. This is a far higher standard than that required for a successful claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for substantial damages when they were injured during their job. In the wake of more than a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, but the trains, tracks, railroad yards and machine shops are still among the most dangerous workplaces. FELA is essential to ensure the safety of railway workers, and to correct employers' inability to protect their employees. It is essential to seek legal counsel as soon as you can when you are a railway worker who has been injured while at work. The best way to start is to contact a BLET designated Legal Counsel (DLC). Follow this link to find a BLET-approved DLC firm near you. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employer for injuries or deaths during work. The Jones Act was passed in 1920 as a way to safeguard sailors who are at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike employees who work on land. It was modeled on the Federal Employers Liability Act (FELA), a law that covers railroad employees. It was also crafted to satisfy the needs of maritime employees. Unlike workers' compensation laws, which limit recovery for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering in the past and future, loss of earnings capacity, and mental distress. A claim against a seaman in the Jones Act can be brought in either a state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a distinct approach to the majority of workers' compensation laws, which are generally statutory and do not afford 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 clarify whether a seaman's contribution to his or his own injury was subject to a more rigorous standard of proof than the standard of proof in FELA cases. The Court held that lower courts were correct when they ruled that the seaman had to prove that his involvement in the accident directly led to his injury. Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect as they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same. Safety Appliance Act vs. FELA In contrast to the laws governing workers' compensation in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers who work in high-risk fields. After an accident, they will be compensated and support their families. The FELA law, which was passed in 1908 was an acknowledgment of the inherent hazards of the work. It also established uniform standards for liability. FELA requires railroads to provide a safe work environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful, an injured worker must prove that their employer breached their obligation to them by not providing them with a reasonably safe working environment, and that their injury was the direct result of this negligence. This requirement can be difficult to meet for some workers, particularly when a defective piece of equipment is involved in an accident. This is why a lawyer who has expertise in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can improve a worker's case by providing a strong legal basis. Certain railroad laws that could strengthen the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known 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. Infractions to these laws can be considered negligence in and of itself, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA. An example of a railroad statute violation is the case where an automatic coupler or grab iron isn't properly installed or has a defect. This is an obvious violation of the Safety Appliance Act, and should an employee be injured as a result, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to the injury in some way (even if minimal), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad employees and their families to collect substantial damages for injuries sustained on the job. This includes compensation for loss of earnings and benefits, like medical expenses or disability payments, as well as funeral expenses. Additionally when an injury causes permanent impairment or death, a claim may be brought for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar conduct. Congress passed FELA in response to public outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Before FELA, there was no legal way for railroad employees to sue their employers when they were injured at work. Railroad workers who were injured and their families were often left without financial support during the time that they were unable to work because of their injuries 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 such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing their actions to those of coworkers. The law permits the jury to decide on the case. If a railroad carrier 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. This does not mean that the railroad to prove it was negligent or even that it was a contributing to the accident. It is also possible to file 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 must contact a seasoned railroad injury lawyer right away. employers liability act fela accidentinjurylawyers will be able to assist you in submitting your claim and obtaining the highest amount of benefits in the time you aren't working due to your injury.