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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers. To recover damages under the FELA the plaintiff must demonstrate that their injury was at least in part caused through the negligence of the employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA while both laws offer protection to employees. These differences relate to the process of submitting claims, fault evaluation and the types of damages awarded for injury or death. Workers' compensation law offers immediate assistance to injured workers regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad's employer is at the very least partly responsible for their injuries. In addition, FELA allows workers to sue federal courts, rather than the state's workers compensation system. It also provides a jury trial. It also has specific guidelines for the determination of damages. For example, a worker can receive an amount of compensation that is up to 80% of their average weekly wage, plus medical expenses and a reasonable cost of living allowance. Additionally the FELA suit could include compensation for pain and suffering. To be successful in a FELA claim, a worker must prove that the railroad's negligence was at least an element in the cause of injury or death. This is a higher standard than the one required for a successful workers compensation claim. This requirement is a product of FELA’s history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to claim damages. Despite the fact that railroad companies have been suing for over 100 years, they continue to use dangerous equipment and train tracks as well as in their machine shops, yards, and other workplaces. This makes FELA essential for ensuring the safety of all railway workers and addressing employers' failures to safeguard their employees. It is important that you seek legal advice as soon as you can when you are a railway worker who is injured at work. The best way to start is to contact an approved BLET-approved Legal Counsel (DLC). Click here to find a DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employer for any injuries or deaths they suffer on the job. It was enacted 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 workers' compensation laws like those that cover land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet 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 is a law that allows unlimited liability in maritime cases that involve negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering, past and future loss of earnings capacity, and mental distress. A claim for compensation by a seaman 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 revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutes and do not give injured employees the right to trial before a 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 his own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court held that the lower courts were right when they determined that the seaman's involvement in his own accident has to be proved to have directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were incorrect, since they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases. FELA vs. Safety Appliance Act Unlike workers' compensation laws and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is an important distinction for injured workers in high-risk industries. This allows them to be compensated for their injuries as well as support their families following an accident. The FELA, which was passed in 1908 was an acknowledgment of the inherent dangers of the work. It also established uniform liability standards. FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. In order for an injured worker to be successful in a lawsuit, they must prove that their employer violated their duty of care by not providing a safe work environment, and that the injury occurred as the direct result of this failure. Some workers may have difficulty to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who is familiar with the safety requirements for railroaders and the regulations that govern these requirements can help bolster the legal case of a worker by providing a solid legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are known as “railway statutes” and require that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must follow these rules to ensure the safety of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of any one of these rules is sufficient to justify a claim for injury under FELA. If an automatic coupler, grab iron, or any another railroad device isn't installed properly or is defective, this is a common instance of a lawful railroad violation. If an employee is injured because of this, they could be entitled compensation. The law states that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even when the injury is not severe). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their families to recover substantial damages if they suffer injuries while working. This includes compensation for loss of earnings as well as benefits like medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is in order to punish the railroad and dissuade other railroads from engaging in similar actions. Congress adopted FELA as a response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers if they suffered injuries on the job. Injured railroad workers and their families were often denied financial assistance during the period they were unable to work due to injuries or negligence on the part of the railroad. Under the FELA, railroad workers injured can make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk by establishing a system based on the concept of comparative fault. This means that a railroad worker's portion of the blame for an accident is determined by comparing his or her actions with those of his coworkers. The law permits an investigation by jury. If a railroad operator violates any of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not mean that the railroad to prove it was negligent or even that it was a cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines. If you are a railroad worker who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. fela railroad settlements can assist you in filing your claim and getting the most benefits possible during the time that you aren't working due to your injury.