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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Federal Employers' Liability Act, for example, protects railroad workers. In order to be entitled to damages under FELA workers must prove 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 offer protection to employees, there are some significant differences between them. These distinctions are related to the claims process, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation laws offer immediate relief to injured workers, regardless of who was at fault for the accident. FELA requires that claimants show that their railroad's employer is at least partially responsible for their injuries. FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system, and provides a trial by jury. It also sets specific rules for determining damages. For instance workers can be awarded an amount of compensation that is up to 80 percent of their average 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 be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a far higher standard than what is required for a successful claim under workers' compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for large damages if they were injured during 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 yards, machine shops, and other workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and addressing employers' failures to protect their employees. If you are a railway employee who has been injured while on the job, it is crucial to seek legal advice as quickly as possible. The best method to start is to contact an approved designated Legal Counselor from BLET (DLC). Click on this link to locate the DLC firm in your region. FELA vs. fela railroad accident lawyer is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was passed in 1920 as a means to safeguard sailors who risk their lives on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was modeled after the Federal Employers' Liability Act (FELA) which is which protects railroad workers. It was also crafted to meet the needs of maritime employees. The Jones Act, unlike workers compensation laws, which limit the amount of negligence compensation to a maximum of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering, past and future loss of earnings capacity, and mental distress. A claim against a seaman under the Jones Act can be brought in an state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a jury trial. This is a fundamentally new approach to the workers' compensation laws. Most of these laws are statutes and do not give injured employees the right to a trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's involvement in their own injury was subject to a more strict evidence standard than FELA claims. The Court decided that the lower courts were correct in their decision that a seaman's role in his own accident has to be shown as having directly caused the injury. Sorrell was awarded 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, since they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. FELA Vs. Safety Appliance Act Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA was passed in 1908 to recognize the inherent dangers associated with the job and to set up standard liability requirements for companies that operate railroads. FELA requires that railroads provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to switches, tracks, and other safety gear. In order for an injured worker to succeed in a lawsuit they must show that their employer violated their duty of care by not providing a safe work environment and that the injury was a direct result of the failure. Some workers may find it difficult to meet this requirement, especially in the event that a defective piece of equipment can be the cause of an accident. A lawyer with experience in FELA claims is a great resource. A lawyer who understands the safety requirements for railroaders, and the regulations that govern these requirements can strengthen a worker's legal case by providing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen workers' FELA claim. These laws are referred to as “railway statutes” and require that rail corporations, and in some cases, their agents (like managers, supervisors or company executives) must comply with these rules in order to protect their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injury under the FELA. When an automatic coupler, grab iron, or any another railroad device isn't installed properly or is damaged This is a common instance of a lawful railroad violation. If an employee is injured due to this, they may be entitled compensation. The law stipulates that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even if it is minimal). FELA in opposition to. Boiler Inspection Act FELA is a set of federal laws which allows railroad workers and their family members to claim significant damages if they get injured on the job. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral expenses. In addition, if an injury causes permanent impairment or death, a claim can be brought for punitive damages. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar behavior. Congress passed FELA as a response to public outrage in 1908 at the shocking rate of accidents and deaths on railroads. Before FELA, there was no legal way for railroad workers to sue their employers if they were injured on the job. Railroad workers injured in the line of duty, and their families, were often left without adequate financial support during the time they were unable to work because of their accident or negligence of the railroad. Under the FELA, railroad workers who suffer injuries are able to make a claim for 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. The act determines a railroader's part of the blame for an accident by comparing their actions with the actions of their coworkers. The law permits a trial by jury. If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove it was negligent or that it was a contributory to the accident. You can also bring an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A reputable attorney will be able to assist you in submitting your claim and obtaining the most benefits possible during the time that you aren't able to work due to the injury.