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Workers Compensation Vs Federal Employers Liability ActIf workers in high-risk industries are injured, they are usually protected by laws that require employers to higher safety standards. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).To recover damages under the FELA, a victim must demonstrate that their injury was at least partially caused by the negligence of the employer.Workers' Compensation vs. FELAThere are differences between workers compensation and FELA although both laws provide protection for employees. These distinctions are related to claims processes as well as fault evaluation, and the types of damages awarded in the event of death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was at fault for the accident. FELA requires that claimants prove that their railroad company is at a minimum partly 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 sets specific rules for determining damage. For example an employee can receive compensation up to 80 percent of their average weekly salary, in addition to medical expenses and an appropriate cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.To win a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the resulting injury or death. This is a far higher standard than what is required for a successful claim under workers compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to seek damages.In the wake of more than 100 years of FELA litigation railway companies are now able to implement safer equipment, however the trains, tracks, railroad yards and machine shops are among the most dangerous places to work. FELA is important to ensure the safety of railway workers and to correct employers' negligence in protecting their employees.Accident Injury Lawyers is important that you seek legal advice as quickly as you can if you are a railway worker who is injured at work. The best way to begin is by contacting an approved BLET-approved Legal Counsel (DLC). Click on this link to locate a DLC firm in your area.FELA vs. Jones ActThe Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. The Jones Act was enacted in 1920 as a way to protect sailors who put their lives at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was modeled on the Federal Employers' Liability Act (FELA) which is which covers railroad employees. It was also tailored to accommodate the needs of maritime workers.In contrast to workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that an employer's negligence caused their injury or death. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future 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 either in the state court or in a federal court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a distinct method than the majority of workers' compensation laws, which are usually statute-based and do not grant injured employees the right to a jury trial.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 their own injury was subject to a higher standard of proof than the standard of evidence in FELA cases. The Court ruled that the lower courts were correct in determining that the seaman's involvement in his own accident must be proven to have directly caused his or her injury.Sorrell was awarded US$1.5 million in compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct, since they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to his or her injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases.Safety Appliance Act vs. FELAThe Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk sectors. After an accident, they will be compensated and support their families. The FELA was passed in 1908 to recognize the inherent dangers associated with the job and to establish uniform liability standards for businesses that manage railroads.FELA requires railroads to provide a safe workplace 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 gear. In order for an injured worker to be successful in a claim they must show that their employer violated their duty of care by failing to provide a reasonably safe working environment and that the injury was directly caused by this negligence.Some workers may find it difficult to comply with this requirement, especially when a piece of equipment that is defective can be the cause of an accident. This is why an attorney with expertise in FELA cases can be helpful. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements can strengthen the legal case of a worker by providing a solid legal foundation.The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. 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 adhere to these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of one of these rules is enough to justify an injury claim under FELA.When an automatic coupler, grab iron, or any another railroad device isn't installed correctly or is defective, this is a common example of a railroad law violation. If an employee is injured because of this, they may be entitled to compensation. The law states that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even even if the injury is minor).FELA Vs. Boiler Inspection ActFELA is a set of federal laws that permit railroad workers and their families to claim substantial damages from injuries caused on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. Additionally when an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is in order to punish the railroad and deter other railroads from engaging in similar behavior.Congress passed FELA in 1908 due to public outrage over the appalling rate of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad employees to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without financial aid during the time they were unable work because of their accident or negligence of the railroad.Under the FELA railroad workers who are injured can make a claim for damages in state or federal courts. The act abolished defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The law determines a railroader's portion of the 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 carrier violates one of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad is not required to prove negligence or that it contributed to an accident. You may also file an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.If you've been injured while working as a railroad worker, you must contact a seasoned railroad injury lawyer right away. A qualified lawyer can assist you file a claim and obtain the most benefits in the event that you are in a position of no work because of the injury.