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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 are covered by the Federal Employers' Liability Act (FELA). To recover damages under the FELA, a victim must demonstrate that their injury was at a minimum, caused due to the negligence of their employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA, even though both laws provide protection for employees. These differences are based on the claims process, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation laws provide immediate aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries. FELA also permits workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also sets specific guidelines for determining damages. A worker can receive up to 80% their average weekly wage together with medical expenses, as well as a reasonable cost-of-living allowance. Furthermore 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 show that the railroad's negligence played at least a role in the death or injury. This is a much higher standard than that required to be successful in a claim under workers' compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for substantial damages if they suffered injuries during their employment. As a result of over a century of FELA litigation railway companies are now able to implement safer equipment, but railroad tracks, trains, yards and machine shops are still some of the most dangerous workplaces. FELA is important to ensure the safety of railway workers, and to correct employers' inability to protect their employees. It is important that you 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 reach out to an approved BLET designated Legal Counsel (DLC). fela accident attorney to find an approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law which allows seafarers to sue their employers for injuries or fatalities on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those for land-based workers. It was modeled after the Federal Employers' Liability Act (FELA) which is which covers railroad workers. It was also tailored to accommodate the needs of maritime workers. Unlike workers' compensation laws 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 the event of employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering as well as future and past loss of earnings capacity and mental distress. A claim against seamanship under the Jones Act can be brought in either an state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a completely different approach than most workers' compensation laws which are typically legal and do not give injured employees 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 her own injury was subject to a more rigorous standard of evidence than the standard of evidence in FELA cases. The Court held that the lower courts were right in determining that a seaman's role in his own accident must be shown to have directly contributed to the injury. Sorrell was awarded US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were not correct in that they told the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases. FELA Vs. Safety Appliance Act In contrast to the laws governing workers' compensation, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers working in high-risk sectors. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job 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 trains to tracks, switches, and other safety gear. To be successful, an injured worker must show that their employer violated their duty of responsibility by not providing them with a reasonably secure working environment and that their injury was the direct result of this failure. This requirement may be difficult to fulfill for some workers, especially when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by providing a strong legal foundation. Some railroad laws that may aid 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 rail corporations, and in some cases, their agents (like managers, supervisors or company executives) must follow these rules to ensure the safety of their employees. Infractions to these laws can 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 typical example of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect. 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 some way (even if minimal), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they are injured on the job. This includes compensation for loss of earnings as well as benefits like medical expenses as well as disability benefits and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct. Congress passed FELA in response to public outrage in 1908 about the alarming number of deaths and accidents on railroads. Before FELA, there was no legal mechanism for railroad workers to sue their employers if they suffered injuries while on the job. Injured railroad workers and their families were often denied financial support during the period they were unable to work because of their injury or negligence by the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault. The act determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for an open trial before a jury. If a railroad company violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. This does not require the railroad to prove that it was negligent, or even that it was a cause of an accident. You can also make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you are a railroad employee who has been injured and you need to immediately seek out an experienced railroad injury lawyer. A qualified lawyer can assist you file a claim and receive the maximum amount of compensation in the event that you are in a position of no work because of the injury.