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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors are injured, they are usually protected by laws that hold employers to higher safety standards. Railroad workers, for example are covered under the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove that 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 protections to employees, there are significant differences between the two. These differences are based on the process of claiming, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation law offers quick assistance to injured workers regardless of who is at fault for the accident. FELA, however demands that claimants prove that their railroad employer was 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 jurors for trials. It also sets specific guidelines for determining damages. A worker can receive up to 80% their average weekly salary, as well as medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for discomfort and pain. In order for a worker to be successful in a FELA case, they must show that the railroad's negligence played at least a role in the resulting injury or death. This is a much higher standard than that required for a successful claim under workers' compensation. This is a part of the history of FELA. In 1908, Congress passed FELA in order to improve security on rails by allowing workers to sue for substantial damages if they suffered injuries during their work. In the wake of more than 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, but the trains, tracks, railroad yards and machine shops are among the most dangerous places to work. FELA is important to ensure the safety of railway workers, and to address employers' inability to protect their employees. It is important that you seek legal advice as quickly as you can if you are railway worker who has been injured at work. The best way to start is to reach out to the designated Legal Counselor from BLET (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 employers for injuries or deaths on the job. It was passed 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 the laws on workers' compensation like those for land-based workers. It was modeled on the Federal Employers Liability Act (FELA), which covers railroad employees. It was also designed to meet the needs of maritime employees. Contrary to the laws governing workers' compensation 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. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including past and present suffering and pain, as well as future loss of earning capacity, mental distress, etc. A claim for a seaman in the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a completely new approach to workers' compensation laws. The majority of these laws are statutes and do not grant injured workers the right to trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled that the lower courts were right in determining that a seaman's role in his own accident has to be proven to have directly contributed to his or her 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 erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the 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 and the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA was enacted in 1908 to acknowledge the inherent dangers of the job and to establish standard liability requirements for companies that manage railroads. FELA requires railroads to provide a safe work environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from cars and trains to tracks, switches and other safety gear. To be successful, an injured worker must prove that their employer breached their obligation to them by not providing them with a reasonably secure working environment, and that their injury resulted directly from the failure. This requirement can be difficult to fulfill for some workers, particularly when a piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims can be a great help. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that govern these requirements can help bolster a worker's legal case by providing a solid legal base. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws, also referred to as “railway statues,” require that rail companies and, in certain instances, their agents (such as supervisors, managers or company executives) adhere to these rules to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim of injuries under the FELA. If an automatic coupler grab iron or other railroad device is not installed correctly or is defective This is a common example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured because of it they could be entitled to compensation. However, the law also states that if the plaintiff contributed to their injury in any way (even even if it was a minor cause) the amount they claim will be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their families to claim significant damages if they suffer injuries while working. This includes compensation for loss of earnings and benefits, including medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be sought. This is a way to penalize railroads for their negligence and discourage other railroads from engaging in similar actions. Congress approved FELA in response to public outrage in 1908 over the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries in the course of their work. Railroad workers injured and their families were often left without adequate 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 who suffer injuries are able to seek damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk by establishing a system based on comparative fault. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. federal employers accidentinjurylawyers.claims permits the jury to decide on the case. If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. You can also make an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad employee who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A good lawyer can help you file a claim and obtain the most benefits in the event that you are unable to work due to the injury.