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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 require employers to higher safety standards. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). To claim damages under the FELA, a victim must demonstrate that their injury was at least partially caused by the negligence of the employer. FELA Vs. Workers' Compensation There are differences between workers compensation and FELA, even though both laws provide protection to employees. These differences are related to claims processes as well as fault evaluation, and the types of damages awarded for death or injury. Workers' compensation law provides immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad company is at 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 a jury trial. It also sets specific guidelines for determining damages. A worker may receive up to 80% of their weekly average wage, as well as medical expenses and a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for pain and discomfort. For a worker to succeed in a FELA case they must prove that the railroad's negligence played at least a small part in the death or injury. This is a far higher standard than that required to be successful in a claim under workers compensation. This requirement is a result of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by permitting 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 more than 100 years, they continue to use dangerous equipment and train tracks as well as in their machines shops, yards and other workplaces. FELA is essential to ensure the safety of railway workers, and to address employers' inability to protect their employees. If you are a railway worker who was injured in the course of work, it is crucial to seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Click on this link to find a DLC firm in your region. FELA vs. Jones Act The Jones Act is federal law that permits seamen to sue their employers for any injuries or deaths they suffer while on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those that cover employees on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers, and was specifically designed to meet the unique needs of maritime employees. Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their injury or death 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 like future and past suffering in the past and future, loss of earnings capacity and mental distress. A claim for seamanship under the Jones Act can be brought either in 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 fundamentally different approach to the majority of workers' compensation laws, which are generally legal and do not give injured workers the right to a 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 her own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court ruled the lower courts were correct when they ruled that a seaman must prove that his role in the accident directly caused his injury. Sorrell received US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were not correct, as they instructed the jury that Norfolk was solely responsible for the negligence that 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 resulted in injuries. fela law firm is a crucial distinction for injured workers who work in high-risk fields. After an accident, they can be compensated and maintain their families. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to set up standard liability requirements for companies who operate railroads. FELA requires railroads to provide a secure working environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from cars and trains to tracks, switches and other safety gear. In order for an injured worker to succeed in a lawsuit, they must prove that their employer breached their duty of care by failing to provide a reasonably safe work environment and that the injury occurred as directly caused by this inability. Some workers may have difficulty to comply with this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. An attorney with experience in FELA claims can be of great assistance. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal foundation. Some railroad laws that can help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in certain instances, their agents (like managers, supervisors, or executives of companies) must follow these rules in order to protect their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is sufficient to justify a claim for injury under FELA. A common illustration of a railroad statute violation is the case where an automatic coupler or grab iron is not correctly installed or is defective. This is an obvious violation of the Safety Appliance Act, and when an employee is injured due to the incident they could be entitled to compensation. However, the law also states that if the plaintiff was a contributor to the injury in some way (even the injury is not severe), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws that allows railroad workers and their family members to claim significant damages if they get injured while on the job. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. Additionally in the event that an injury causes permanent impairment or death, a claim may be made for punitive damages. This is to penalize the railroad and dissuade other railroads from engaging in similar actions. Congress adopted FELA in 1908 as a result of public outrage over the shocking rate of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue employers when they suffered injuries while on the job. Injured railroad workers and their families were often left without financial assistance during the time they were unable to work because of their injuries or the negligence of the railroad. Under the FELA railroad workers injured may file a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing his or her actions to those of coworkers. The law allows for an investigation by jury. If a railroad operator is found to be in violation of federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad is not required to prove negligence or that it contributed to an accident. It is also possible to bring an action under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes. If you have been injured while working as a railroad worker you must contact a seasoned railroad injury lawyer immediately. The right lawyer can assist you in filing your claim and receiving the most benefits possible in the time you are not working due to the injury.