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Workers Compensation Vs Federal Employers Liability Act When workers in high-risk sectors are injured, they are typically protected by laws that require employers to higher safety standards. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). In order to recover damages under FELA workers must prove that their injury was caused partially due to negligence on the part of the employer. FELA vs. Workers' Compensation There are differences between workers compensation and FELA, even though both laws offer protection to employees. These differences relate to the claims process, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws offer immediate relief to injured workers regardless of who was responsible for the accident. FELA in contrast requires claimants to prove that their railroad company was at a minimum 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 provides specific rules for determining damage. A worker can receive up to 80% of their average weekly wage together with medical expenses, and an appropriate 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 show that negligence by the railroad played at least a role in the death or injury. This is a much more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a product of FELA’s history. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for large damages if they suffered injuries during their job. As a result of more than a century of FELA litigation, railway companies now regularly implement safer equipment, but the railway tracks, trains, yards and machine shops remain some of the most dangerous workplaces. FELA is essential to ensure the safety of railway workers and to correct employers' inability to protect their employees. It is crucial to seek legal advice as soon as you can when you are railway worker who is injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click here to find a DLC firm in your region. FELA vs. fela railroad settlements is federal law that permits seamen to sue their employers for injuries or fatalities during work. It was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation like those for land-based workers. It was modeled after the Federal Employers' Liability Act (FELA) which is a law that covers railroad workers. It was also tailored to accommodate the needs of maritime employees. In contrast to workers' compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. Additionally, 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 allows injured seamen to sue their employers to recover damages that are not specified, such as the past and present pain and suffering, future loss of earning capacity, mental distress, etc. A claim by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a revolutionary approach to the laws governing workers' compensation. The majority of these laws are statutes and do not grant injured workers the right to trial by 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 their own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court decided that 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 trial court's instructions to the jury were incorrect in that they instructed the jury to find Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. FELA Vs. 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 significant distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries as well as support their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers of the job and to establish uniform liability standards for companies who operate railroads. FELA requires railroads to provide a secure working 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. To allow an injured worker to be successful in a lawsuit, they must prove that their employer violated their duty of care by failing to provide a reasonably safe working environment and that the injury occurred as directly caused by the inability. Some workers may have difficulty to comply with this requirement, particularly if a defective piece equipment can be the cause of an accident. This is why an attorney who has experience in FELA cases can help. A lawyer who knows the safety requirements for railroaders, as well as the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal foundation. Some railroad laws that can help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and require that rail corporations, and in certain instances their agents (like managers, supervisors or executives of companies) must follow these rules to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is sufficient to support a claim for injuries under the FELA. If an automatic coupler grab iron, or any other railroad device is not installed correctly or is defective, this is a common example of a railroad law violation. If an employee is injured due to this, they may be entitled compensation. However, the law states that if the plaintiff contributed to the injury in some way (even if minimal), their claim may be reduced. Boiler Inspection Act vs. FELA FELA is a set of federal laws which allow railroad workers and their families to recover substantial damages from injuries that they sustain during work. This includes the compensation for lost earnings and benefits such as medical expenses, disability payments and funeral costs. Additionally in the event that an injury results in permanent impairment or death, a claim may be brought for punitive damages. This is intended to punish railroads for negligent actions and discourage other railroads from engaging in similar conduct. Congress passed FELA in 1908 as a result of public outrage at the alarming 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 who were injured and their families were often left without financial support during the time that they were unable to work due to their injury or the negligence of the railroad. Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or the assumption of risk with an approach based on the concept of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing their actions to those of coworkers. The law also permits a jury trial. If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it. The railroad does not have to prove that it was negligent or contribute to 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 diesel exhaust fumes. If you have been injured on the job as a railroad employee, you must contact a seasoned railroad injury attorney immediately. A good lawyer can assist you in submitting your claim and getting the maximum benefits available during the time that you aren't working because of the injury.