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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). To recover damages under the FELA, a victim must be able to prove that their injuries were at a minimum, caused due to the negligence of their employer. Workers' Compensation vs. FELA There are some differences between workers' compensation and FELA although both laws provide protection for employees. These differences 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 laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries. In addition, FELA allows workers to sue federal courts, instead of the state's workers compensation system. It also provides a jury trial. It also establishes specific rules for the determination of damages. A worker could receive up to 80% of their weekly average wage, as well as medical expenses, as well as a reasonable cost-of-living benefit. Additionally an FELA suit could include compensation for pain and suffering. In order to win a FELA claim, a worker must prove that the railroad's negligence was at least a factor in the injury or death. This is a higher requirement than that required for a successful workers' compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for significant damages when they were injured during their job. Despite the fact that railroad companies have been suing for over 100 years, they continue to employ dangerous equipment and tracks for trains, as well as in their machine shops, yards, and other work areas. FELA is important to ensure the safety of railway workers and to correct employers' failures in protecting their employees. If you are a railway worker who has been injured while on the job it is imperative 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 area. FELA vs. Jones Act The Jones Act is federal law that allows seafarers to sue their employers for injuries or fatalities while on the job. It was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters, since they are not covered by workers' compensation laws like those that cover land-based workers. It was modeled after the Federal Employers Liability Act (FELA) which is which covers railroad employees. It was also crafted to satisfy the needs of maritime workers. The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the amount of lost wages for an injured worker, provides unlimited liability in maritime cases involving negligence by employers. 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 unspecified damages such as past and future pain and suffering as well as future and past loss of earnings capacity, and mental distress. A seaman's claim under the Jones Act may be brought in a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws, which are generally statute-based and do not grant injured employees the right to a trial by jury. 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 higher standard of proof than the standard of proof in FELA cases. The Court decided that the lower courts were correct in determining that a seaman's role in his own accident must be proved to have directly contributed to his or her injury. Sorrell was awarded US$1.5 million in compensation for his injury. 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 claimed that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers working in high-risk fields. This allows workers to receive compensation for their injuries and also to take care of their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to set up standard liability requirements for companies that manage railroads. FELA requires railroads to provide a safe workplace for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to tracks, switches and other safety gear. To allow an injured worker to succeed in a claim, they must prove that their employer breached their duty of care by not providing a safe working environment and that the injury occurred as a direct result of that inability. Some employees may find it difficult to comply with this requirement, particularly when a piece of equipment that is defective can be the cause of an accident. This is why a lawyer who has expertise in FELA cases can be of assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by establishing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are referred to as “railway statutes” and require that railroad corporations, and in some cases their agents (like managers, supervisors, or company executives) must adhere to these rules to protect their employees. Infractions to these laws could be considered negligence in and of themselves, which means that a violation can be considered sufficient to support a claim of injuries under the FELA. If an automatic coupler grab iron or other railroad device is not installed properly or is defective, this is a common instance of a railroad law violation. If fela railroad accident lawyer is injured because of this, they could be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a series of federal laws that permit railroad employees and their families to recover substantial damages for injuries that they sustain during work. This includes compensation for lost earnings as well as benefits such as medical expenses, disability payments and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim could be brought for punitive damages. This is to punish the railroad and dissuade other railroads from engaging similar conduct. Congress passed FELA in response to the public's outrage in 1908 about the alarming number of deaths and accidents on railroads. Prior to FELA, there was no legal basis for railroad workers to sue their employers when they suffered injuries while on the job. Injured railroad workers and their families were often denied financial assistance during the time they were unable work due to injury or negligence by the railroad. Under the FELA, railroad workers who are injured are able to file a claim for damages in federal or state courts. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk with an approach based on comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law permits a trial by jury. If a railroad operator 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. This does not require the railroad to prove that it was negligent, or even that it was a to the accident. You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you've been injured while working as a railroad worker, you must contact a seasoned railroad injury attorney immediately. The right lawyer will be able to assist you in filing your claim and getting the most benefits possible during the time that you are not working because of your injury.