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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). In order to recover damages under FELA, a worker must prove their injury was caused at least in part by negligence on the part of the employer. FELA vs. Workers' Compensation There are some differences between workers compensation and FELA, even though both laws provide protection to employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at a minimum partially responsible for their injuries. FELA also permits workers to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also establishes specific rules for determining damages. A worker may receive up to 80% their weekly average wage, as well as medical expenses, as well as 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 show that the railroad's negligence was at least a part in the resulting injury or death. This is a much higher standard than what is required for a successful claim under workers' compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to seek damages. As a result of more than a century of FELA litigation railway companies today regularly implement safer equipment, but railway tracks, trains, yards and machine shops are one of the most hazardous work environments. FELA is crucial to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees. If you are a railway employee who was injured on the job, it is crucial to seek legal advice as quickly as possible. The best way to start is to reach out to a BLET designated Legal Counsel (DLC). Click here to find a DLC firm in your area. FELA vs. Jones Act The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was passed in 1920 to provide a means to protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered under workers' compensation laws, unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers and was tailored to address the specific requirements of maritime workers. The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the amount of lost wages for an injured worker and provides unlimited liability in maritime cases that involve negligence by employers. Additionally, under the Jones Act, plaintiffs are not required to prove their death or injury was directly resulted from an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified, such as past and present pain and suffering, future loss of earning capacity, mental distress, etc. A seaman's claim under the Jones Act may be brought in either a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a fundamentally different approach to the majority of workers' compensation laws, which are typically legal and do not give injured workers 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 their own injury was subject to a more rigorous standard of proof than the standard of evidence 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 caused the injury. Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct, since they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is a significant distinction for injured workers in high-risk industries. After an accident, they can be compensated and support their families. The FELA that was enacted in 1908, was an acknowledgment of the inherent dangers of the job. It also established uniform liability standards. 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 locomotives to tracks, switches, and other safety equipment. In order for an injured worker to succeed in a claim they must show that their employer acted in breach of their duty of care by failing to provide a safe work environment, and that the injury occurred as directly caused by that negligence. Some workers may find it difficult to meet this requirement, particularly if a defective piece equipment is involved in causing an accident. This is why an attorney who has expertise in FELA cases can be of assistance. A lawyer who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can strengthen the legal case of a worker by giving a solid legal basis. Some railroad laws that can aid the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as “railway statutes” and require that rail corporations, and in certain instances their agents (like managers, supervisors, or company executives) must comply with these rules to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injury under the FELA. A typical illustration of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured because of this, they could be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in any way (even if minimal) 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 family members to recover substantial damages if they suffer injuries while working. This includes compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to punish the railroad and deter other railroads from engaging similar actions. Congress adopted FELA in 1908 in response to public outrage at the alarming rate of fatalities and accidents on the railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers if they suffered injuries at work. Railroad workers injured and their families were often left without financial support during the period that they were unable to work due to their injury or the negligence of the railroad. Under the FELA railroad workers injured may file a claim for damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk with a system based on comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law permits a trial by jury. If a railroad operator is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not need to prove negligence or contribute to an accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If fela lawsuits 've been injured on the job as a railroad employee, you must contact a seasoned railroad injury attorney immediately. The right lawyer can help you file a claim and get the maximum benefits in the event that you are in a position of no work because of your injury.