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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher safety standards. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA). In order to be entitled to damages under FELA, a worker must prove their injury was caused at least partly due to negligence on the part of the employer. Workers' Compensation vs. FELA There are differences between workers' compensation and FELA although both laws offer protection to employees. These differences are based on the process of filing claims, fault assessment and the kinds of damages that are awarded in the event of injury or death. Workers' compensation law offers quick aid to injured workers, regardless of who was at fault for the accident. FELA however, requires that claimants demonstrate that their railroad employer was at a minimum partially responsible for their injuries. Additionally, FELA allows workers to sue in federal court instead of the state's workers compensation system. It also provides a jury trial. It also establishes specific rules for determining damage. For example, a worker can receive compensation of up to 80 percent of their weekly salary, in addition to medical expenses and a reasonable cost of living allowance. Additionally the FELA suit could also include compensation for pain and suffering. In order for a worker to be successful in a FELA case they must prove that the railroad's negligence played at least a small part in the resulting injury or death. This is a higher standard than that required for a successful claim under workers' compensation. This requirement is a result of FELA's history. In 1908, Congress passed FELA to improve rail safety by permitting injured workers to seek damages. In the wake of more than a century of FELA litigation, railway companies now regularly implement safer equipment, however the railroad tracks, trains, yards and machine shops are some of the most dangerous places to work. This makes FELA important for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees. It is essential to seek legal counsel as soon as you can if are railway worker who is injured at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click this link to find a BLET-approved DLC firm in your area. FELA vs. Jones Act The Jones Act is federal law that permits seamen to sue their employers for injuries or fatalities while on the job. It was enacted 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 similar to those that protect land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA) which protects railroad workers, and was tailored to address the unique requirements of maritime workers. The Jones Act, unlike workers compensation laws, which restrict the amount of compensation for negligence to a maximum of lost wages for injured workers is a law that allows unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering and pain as well as future and past loss of earnings capacity and mental distress. A suit for a seaman under the Jones Act can be brought in an state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely different approach to the majority of workers' compensation laws which are typically legal and do not give the injured employee 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 more rigorous standard of evidence than the standard of evidence in FELA cases. The Court ruled the lower courts were right when they ruled that a seaman must prove that his involvement in the accident directly caused his injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they are able to be compensated and maintain their families. The FELA was enacted in 1908 to recognize the inherent dangers associated with the job and to set up uniform liability standards for businesses that manage railroads. FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and trains to switches, tracks, and other safety gear. To be successful, an injured worker must show that their employer 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 negligence. Some workers may find it difficult to comply with this requirement, especially if a defective piece equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and 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 the worker's FELA claim. These laws, also known as “railway statues,” require that rail corporations and, in some instances, their agents (such as supervisors, managers or company executives) must adhere to these regulations to ensure the safety of their employees. Infractions to these laws could be considered to be negligence in and of themselves, meaning that a violation is enough to justify a claim for injury under the FELA. If an automatic coupler grab iron, or any other railroad device is not installed properly or is defective, this is a common instance of a lawful railroad violation. If an employee is injured due to this, they could be entitled to compensation. The law states 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). railroad injury fela lawyer . Boiler Inspection Act FELA is a set of federal laws that allow railroad employees and their families to collect substantial damages for injuries caused while working. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral costs. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is to penalize the railroad and deter other railroads from engaging similar actions. Congress adopted FELA as a response to public outrage in 1908 about the alarming number of deaths and accidents on railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers if they suffered injuries at work. Injured railroad workers, and their families, were often left without financial aid during the time they were unable to work due to their injury or negligence by the railroad. Under the FELA railroad workers who are injured can file a claim for damages in state or federal courts. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The law determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for the possibility of a jury trial. If a railroad company violates one of the federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove it was negligent or that it was a contributing cause of an accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has suffered an injury, you should immediately contact an experienced railroad injury lawyer. A reputable attorney will be able to assist you in filing your claim and getting the highest amount of benefits in the time you are not working because of your injury.