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Workers Compensation Vs Federal Employers Liability ActIn high-risk industries, workers who are injured are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees.To be able to claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused due to the negligence of their employer.Workers' Compensation vs. FELAThere are differences between workers' compensation and FELA although both laws provide protection to employees. These distinctions are related to claims processes, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation law gives rapid relief to injured workers regardless of who is responsible for the accident. FELA requires that claimants prove that their railroad company is at a minimum partially responsible for their injuries.In addition, FELA allows workers to sue federal courts, instead of the state's worker' compensation system and provides a jury trial. It also has specific guidelines for determining damages. A worker can receive up to 80% of their average weekly salary, as well as medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.To be successful in a FELA claim the worker must show that the railroad's negligence was a factor in the resulting injury or death. This is a higher standard than that required to be successful in a claim under workers' compensation. This is a part of the history of FELA. In 1908, Congress passed FELA to increase rail safety by allowing injured workers to claim damages.In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, however the railway tracks, trains, yards and machine shops remain among the most dangerous workplaces. FELA is important to ensure the safety of railway workers and to correct employers' failures in protecting their employees.It is essential to seek legal counsel as soon as you can when you are railway worker who has been injured while at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Follow this link to find a BLET-approved DLC firm near you.FELA vs. Jones ActThe Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. It was enacted in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters as they are not covered by the laws on workers' compensation like those that cover land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the unique requirements of maritime workers.Unlike workers' compensation laws which limit the recovery for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their injury or death. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified like past and present pain and suffering, future loss of earning capacity and mental distress, among others.A claim for compensation by a seaman under the Jones Act may be brought in either a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally different approach than most workers' compensation laws, which are usually statutory and do not afford 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 more rigorous standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were right in their decision that the seaman's involvement in his own accident must be proven to have directly contributed to his or her injury.Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were not correct and they had instructed the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk asserted that the standard of causation should be the same in FELA and Jones Act cases.FELA in opposition to. Safety Appliance ActUnlike workers' compensation laws, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers working in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA was enacted in 1908 in recognition of the inherent dangers associated with the work and to establish standard liability requirements for companies that operate railroads.FELA requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. 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 resulted directly from the failure.Some workers may have difficulty to comply with this requirement, particularly in the event that a defective piece of equipment is involved in causing an accident. This is why having a lawyer with experience in FELA cases can be helpful. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can help a worker's case by providing a solid legal basis.Some railroad laws that can strengthen 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 instances, their agents (such as supervisors, managers or company executives), comply with these rules to ensure the safety their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is enough to justify a claim for injuries under the FELA.A typical instance of an infraction to the railroad statute is the case where an automatic coupler or grab iron isn't properly installed or is defective. If an employee is injured because of this, they may be entitled to compensation. However, the law stipulates that if the plaintiff contributed to the injury in some way (even the injury is not severe) the claim could be reduced.fela railroad accident lawyer . FELAFELA is a set of federal laws that allows railroad employees and their family members to claim substantial damages if they get injured on the job. This includes compensation for the loss of earnings and benefits, including medical expenses or disability payments, as well as funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be sought. This is a way to penalize railroads for their negligence and deter other railroads from engaging in similar conduct.Congress approved FELA in 1908 due to public outrage over the appalling rate of fatalities and accidents on the railroads. Prior to FELA there was no legal way for railroad workers to sue their employers when they were hurt in the course of their work. Railroad workers injured in the line of duty, and their families, were often left without financial assistance during the period they were unable to work due to accident or negligence of the railroad.Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. The law determines a railroad worker’s part of the blame for an accident by comparing their actions to those of their coworkers. The law also permits a jury trial.If a railroad operator 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 does not need to prove negligence or the fact that it caused an accident. You can also make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer can help you file a claim and get the most benefits for the time you are unable to work due to your injury.