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Workers Compensation Vs Federal Employers Liability Act If 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). To be able to claim damages under FELA the worker must prove that their injury was caused at least in part by negligence on the part of the employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA, even though both laws provide protection for employees. These distinctions are related to the process of filing claims, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad company is at a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue in federal court instead of the state's worker compensation system. It also provides the option of a jury trial. It also establishes specific rules for the determination of damages. For example an employee can receive compensation up to 80 percent of their weekly salary, in addition to medical expenses and a reasonable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort. To be successful for a worker in a FELA case, they must show that the railroad's negligence was at least a role in the death or injury. This is a higher requirement than the one required to win a 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 seek damages. As a result of over 100 years of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but trains, tracks, railroad yards and machine shops are among the most dangerous workplaces. FELA is essential to ensure the safety of railway workers and to tackle employers' inability to protect their employees. If you are a railway employee who has been injured in the course of work it is imperative to seek legal advice as soon as you can. The best way to begin is to contact an approved BLET designated Legal Counsel (DLC). Follow this link to find an approved DLC firm near you. FELA vs. Jones Act The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters as they are not covered by workers' compensation laws like those for land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was tailored to address the unique requirements of maritime workers. The Jones Act, unlike workers compensation laws, which limit the amount of compensation for negligence to the amount of lost wages for injured workers, provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages including the past and present suffering and pain, future loss of earning capacity, mental distress, etc. A suit for seamanship under the Jones Act can be brought either in an state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a completely new approach to the laws governing workers' compensation. The majority of these laws are statutes and do not give injured workers the right to a trial by jury. In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury was subjected to a higher evidence standard than FELA claims. The Court decided that the lower courts were correct when they determined that the seaman's involvement in his own accident must be proven to have directly contributed to his or her injury. Sorrell was awarded US$1.5 million for his injuries. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same. FELA Vs. 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 working in high-risk sectors. After an accident, they can be compensated and provide for their families. The FELA, which was passed in 1908, was a recognition of the inherent hazards of the work. It also established uniform liability standards. FELA requires that railroads provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety equipment. In order for an injured worker to prevail in a claim they must show that their employer violated their duty of care by failing to provide a reasonably safe work environment and that the injury occurred as directly caused by this failure. This requirement may be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has experience in FELA cases can help. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker by providing a strong legal foundation. The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen workers' FELA claim. These laws are referred to as “railway statutes” and require that rail corporations, and in certain cases their agents (like managers, supervisors or company executives) must adhere to these rules to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injuries under the FELA. If an automatic coupler, grab iron or other device for railroads is not installed properly or is damaged This is a common example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and when an employee is injured as a result the employee may be entitled to compensation. However, the law states that if the plaintiff contributed to their injury in any way (even if minimal), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a series of federal laws which allow railroad employees and their families to collect substantial damages from injuries sustained during work. This includes compensation for the loss of earnings and benefits including medical expenses or disability payments, as well as funeral expenses. In addition when an injury results in permanent impairment or death, a claim may be filed for punitive damages. This is to penalize the railroad and discourage other railroads from engaging similar behavior. Congress passed FELA in 1908 as a result of public outrage over the shocking rate of fatalities and accidents on railroads. Before FELA there was no legal basis for railroad workers to sue employers for injuries they sustained in the course of their work. Railroad workers injured in the line of duty and their families were often denied financial aid during the period they were unable to work due to their injury or negligence by the railroad. Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The act determines a railroader's share of responsibility for an accident by comparing their actions to those of their coworkers. The law allows for an investigation by jury. If a railroad company violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. The railroad is not required to prove negligence or contribute to an accident. fela attorneys can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you have been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. A good lawyer can help you file your claim and get the maximum amount of compensation during the time you are unable to work due to your injury.