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Workers Compensation Vs Federal Employers Liability Act In high-risk industries, workers who are injured are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA). To recover damages under the FELA the plaintiff must prove that their injury was at a minimum, caused due to the negligence of their employer. FELA Vs. Workers' Compensation While both workers' compensation and FELA are laws that provide protection to employees, there are some significant differences between the two. These differences are based on the process of filing claims, fault assessment and the kinds of damages awarded in instances of death or injury. Workers' compensation laws provide immediate 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. In addition, FELA allows workers to sue federal courts instead of the state's workers' compensation system and provides jurors for trials. It also sets specific rules for the calculation of damages. For instance workers can be awarded compensation of up to 80% of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Furthermore the FELA suit may include additional compensation for pain and suffering. In order to win a FELA claim the worker must show that the railroad's negligence was at least an element in the cause of injury or death. This is a higher standard than what is required for a successful workers compensation claim. This requirement is a result of FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to sue for damages. Despite the fact that railroad companies have been suing for more than 100 years, they continue to use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other workplaces. This is what makes FELA important for ensuring the safety of all railway workers as well as taking action against employers' inability to protect their employees. It is essential to seek legal counsel as soon as you can if you are railway worker who has been injured while at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click this link to find an approved DLC firm near you. fela railroad settlements . Jones Act The Jones Act is federal law that permits seafarers to sue their employers for any injuries or deaths they suffer during work. The law was passed in 1920 to ensure that seamen are protected from risking 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 employees. It was modeled after the Federal Employers Liability Act (FELA), a law that covers railroad employees. It was also crafted to satisfy the needs of maritime workers. The Jones Act, unlike workers compensation laws which limit the amount of negligence compensation to the maximum amount of lost wages for injured workers 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 behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future pain and suffering in the past and future, loss of earnings capacity, and mental distress. A claim against a seaman under the Jones Act can be brought in an state court or a federal court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a fundamentally different approach than most workers' compensation laws, which are generally 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 requested to clarify if a seaman’s contribution to their own injuries was subjected to a higher evidence standard than FELA claims. The Court decided that the lower courts were correct in determining that a seaman must prove that his contribution to his 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 not correct as they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. FELA in opposition to. Safety Appliance Act The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they can be compensated and support their families. The FELA, which was passed in 1908 was a recognition of the inherent dangers of the job. It also set up standardized liability requirements. FELA requires that railroads provide a safe workplace for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer violated their duty of responsibility by failing to provide them with a reasonably secure working environment and that their injury was the direct result of this negligence. Some employees may find it difficult to meet this requirement, particularly when a piece of equipment that is defective is responsible for causing an accident. A lawyer with experience in FELA claims is a great resource. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker, by providing a solid legal basis. Some railroad laws that can aid workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and mandate that rail corporations, and in certain instances, their agents (like managers, supervisors or company executives) must comply with 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 is enough to support a claim of injury under the FELA. An illustration of railroad statute violations is the case where an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured because of this, they may be entitled to compensation. The law states that the claim of the plaintiff may 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 workers and their family members to recover substantial damages if they suffer injuries while working. This includes compensation for loss of earnings and benefits including medical expenses as well as disability benefits and 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 behavior. Congress passed FELA in 1908 as a result of public outrage at the alarming number of fatalities and accidents on the railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers if they were injured at work. Railroad workers injured and their families were often left without adequate financial support during the period that they were unable to work due to their injury or the negligence of the railroad. Under the FELA, railroad workers injured can seek damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing 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 his actions to those of his coworkers. The law allows for the jury to decide on the case. If a railroad operator violates any of the federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. It is not necessary for the railroad to prove it was negligent, or even that it was a cause of an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines. If you are a railroad worker who has suffered an injury and you need to immediately seek out an experienced railroad injury lawyer. The right lawyer will be able to assist you in filing your claim and receiving the highest amount of benefits for the time you aren't working because of your injury.