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Workers Compensation Vs Federal Employers Liability ActIn high-risk industries, workers who suffer injuries are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).In order to be entitled to damages under FELA the worker must prove that their injury was caused at the very least partly due to negligence on the part of the employer.FELA against. Workers' CompensationThere are some differences between workers' compensation and FELA, even though both laws provide protection for employees. These differences relate to the process of submitting claims, fault evaluation and the types of damages awarded for injury or death. Workers' compensation law gives rapid assistance to injured workers regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad's employer is at a minimum partially responsible for their injuries.FELA also permits workers to sue federal courts in lieu of the state workers' compensation system, and provides a trial by jury. It also establishes specific rules for the determination of damages. For example an employee can receive an amount of compensation that is up to 80 percent of their weekly wage, plus medical expenses and an affordable cost of living allowance. Additionally an FELA suit could also include compensation for pain and suffering.For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the resulting injury or death. This is a higher standard than that required for a successful workers compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to sue for damages.As a result of over 100 years of FELA litigation, railway companies now regularly adopt and use safer equipment, however the railroad tracks, trains, yards and machine shops remain some of the most dangerous workplaces. This is what makes FELA essential for ensuring the safety of all railway workers as well as addressing employers' failures to safeguard their employees.If you are a railway worker who was injured on the job it is imperative that you seek legal advice as quickly as you can. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click here to locate a DLC firm in your region.FELA vs. Jones ActThe Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 as a means to protect sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was modeled on the Federal Employers' Liability Act (FELA) which was a law that covers railroad employees. It was also designed to accommodate the needs of maritime employees.The Jones Act, unlike workers compensation laws, which limit the amount of negligence recovery to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their injury or death was directly caused by an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering, past and future loss of earnings capacity and mental distress.A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a completely different approach than most workers' compensation laws, which are typically statutory and do not afford 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 clarify whether a seaman's contribution to his or her own injury was subject to a higher standard of evidence than the standard of proof in FELA cases. The Court held that lower courts were right when they determined the seaman must prove his contribution to his accident directly caused his 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 erroneous, since they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.FELA vs. Safety Appliance ActUnlike workers' compensation laws in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers working in high-risk sectors. This allows them to be compensated for their injuries and to take care of their families following an accident. The FELA, which was passed in 1908, was an acknowledgement of the inherent hazards of the work. It also set up uniform liability standards.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 trains and cars to tracks, switches, and other safety equipment. To be successful an injured worker must demonstrate that their employer has breached their obligation to them by not providing them with a safe working environment and that their injury resulted directly from the failure.This requirement may be difficult to meet for some workers, especially when a piece of equipment is involved in an accident. This is why an attorney who has experience in FELA cases can be helpful. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker, by establishing a solid legal basis.Some railroad laws that can aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also referred to as "railway statues," require that rail companies and, in certain cases their agents (such as managers, supervisors or company executives) must adhere to these rules to ensure the safety of their employees. Violating fela lawsuit settlements can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to justify a claim for injury under FELA.A common example of an infraction to the railroad statute is when an automatic coupler or grab iron isn't correctly installed or is defective. This is a clear violation of the Safety Appliance Act, and if an employee is hurt because of it, they may be entitled to compensation. However, the law stipulates that if a plaintiff contributed to their injury in any way (even the injury is not severe), their claim may be reduced.FELA Vs. Boiler Inspection ActFELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they suffer injuries while working. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral expenses. In addition when an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is to punish the railroad and deter other railroads from engaging similar behavior.Congress adopted FELA in 1908 as a result of public outrage at the alarming rate of accidents and fatalities on railroads. Before FELA, there was no legal basis for railroad workers to sue their employers if they were injured while on the job. Railroad workers who were injured and their families were often left without financial support during the period they were unable to work because of their injury or negligence by the railroad.Under the FELA, railroad workers who are injured may seek damages in state or federal courts. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with an approach based on comparative fault. This means that a railroad worker's share of the blame for an accident is determined by comparing his actions to those of his coworkers. The law permits a trial by jury.If a railroad carrier 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. This does not require the railroad to prove it was negligent or even that it was a contributory to the accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.If you are a railroad worker who has been injured and you need to immediately seek out an experienced railroad injury lawyer. A qualified lawyer can assist you file a claim and receive the maximum amount of compensation for the time you are in a position of no work because of your injury.