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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 require employers to higher safety standards. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA). To recover damages under the FELA the plaintiff must prove that their injury was at a minimum, caused by the negligence of the employer. FELA vs. Workers' Compensation There are differences between workers compensation and FELA while both laws provide protection for employees. These differences are related to the claims process as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation law offers rapid relief to injured workers regardless of who was responsible for the accident. FELA requires that claimants show that their railroad employer is at least partially responsible for their injuries. FELA also allows workers to sue federal courts instead of the state workers' compensation system, and also allows a trial with a jury. It also sets specific guidelines for determining damages. For example, a worker can receive compensation of up to 80 percent of their weekly salary, in addition to medical expenses and an appropriate cost of living allowance. Additionally an FELA suit could also include compensation for pain and suffering. In order to win a FELA claim, a worker must prove that the railroad's negligence was an element in the cause of injury or death. This is a higher requirement than the one required to win a workers' compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to claim damages. As a result of over 100 years of FELA litigation railway companies today regularly implement safer equipment, but railroad tracks, trains, yards and machine shops remain some of the most dangerous work environments. FELA is crucial to ensure the safety of railway workers and to tackle employers' failures in protecting their employees. It is crucial to seek legal counsel as soon as you can if you are railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click on this link to find the DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seafarers to sue their employers for injuries or deaths during work. The Jones Act was enacted in 1920 as a way to protect sailors who are at risk on the high seas and other navigable waters. They are not covered under workers' compensation laws, unlike workers on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the specific requirements of maritime workers. The Jones Act, unlike workers compensation laws, which limit the amount of negligence compensation to the amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future pain and suffering in the past and future, loss of earnings capacity and mental distress. A claim against seamanship under the Jones Act can be brought in a state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory in nature and do not grant injured employees the right to trial before a jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify whether a seaman's involvement in their own injury was subject to a stricter proof standard than in FELA claims. The Court decided that the lower courts were correct in determining that the seaman's involvement in his own accident must be proven as having directly caused his or her injury. Sorrell received US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct, since they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA Unlike workers' compensation laws and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers who work in high-risk industries. After an accident, they are able to be compensated and provide for their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to establish uniform liability standards for businesses who operate railroads. FELA requires railroads to provide a safe work environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to switches, tracks, and other safety gear. To be successful, an injured worker must demonstrate that their employer has breached their obligation to them by failing to provide them with a reasonably secure working environment, and that their injury was 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. This is why having a lawyer with expertise in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders, as well as the regulations that govern these requirements, can help bolster a worker's legal case by providing a solid legal base. Some railroad laws that can strengthen the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that railroad corporations, and in certain cases their agents (like managers, supervisors, or executives of companies) must adhere to these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA. If an automatic coupler grab iron, or any other device for railroads is not installed correctly or is defective, this is a common instance of a lawful railroad violation. fela railroad settlements is a clear violation of the Safety Appliance Act, and if an employee is hurt due to the incident the employee may be entitled to compensation. The law stipulates that the claims of the plaintiff can be reduced when they contributed in any way to the injury (even even if the injury is minor). Boiler Inspection Act vs. FELA FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they are injured while working. This includes compensation for loss of earnings as well as benefits including medical expenses, disability payments, and funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim may be made for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging in similar behavior. Congress adopted FELA in 1908 in response to public outrage over the shocking rate of fatalities and accidents on the railroads. Prior to FELA there was no legal mechanism for railroad employees to sue their employers when they were injured on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period they were unable to work due to accident or negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The act abolished defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker's share of the blame for an accident is determined by comparing their actions with those of his coworkers. The law also permits the possibility of a jury trial. If a railroad company violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. This does not mean that the railroad to prove it was negligent, or even that it was a contributing to the accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act. If you have been injured on the job as a railroad worker, you should consult a skilled railroad injury lawyer immediately. A reputable attorney will be able to assist you in submitting your claim and obtaining the highest amount of benefits in the time you are not working due to your injury.