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Workers Compensation Vs Federal Employers Liability Act Workers in highrisk industries who are injured are typically protected by laws that hold employers to higher standards of safety Railroad workers for instance are covered under the Federal Employers Liability Act FELA To recover damages under the FELA the victim must demonstrate that their injury was at least partially caused through the negligence of the employer FELA against Workers Compensation While both workers compensation and FELA are laws that provide protection to employees there are some significant differences between them These differences are related to claims processes as well as fault evaluation and the types of damages awarded for injury or death Workers compensation laws provide immediate relief to injured workers regardless of who was at fault for the accident FELA requires that claimants demonstrate that their railroad company is at a minimum partly responsible for their injuries In fela settlements FELA allows workers to sue in federal court instead of the states workers compensation system It also provides the option of a jury trial It also establishes specific rules for determining damages For instance a worker can receive an amount of compensation that is up to 80 percent of their average weekly earnings as well as medical expenses and an appropriate cost of living allowance A FELA lawsuit could also include compensation for pain and discomfort To be successful in a FELA claim the worker must show that the railroads negligence was an element in the cause of injury or death This is a higher level than that required to win a workers compensation claim This is a part of the history of FELA In 1908 Congress passed FELA in order to improve safety on the rails by allowing workers to sue for substantial damages if they suffered injuries during their employment Despite the fact that railroad companies have been suing for over a century they still use dangerous equipment and train tracks as well as in their yards machine shops and other work areas This makes FELA crucial for ensuring safety of all railway workers as well as addressing employers failures to safeguard their employees It is important that you seek legal advice as quickly as you can if are a railway worker who has been injured while at work Contacting a BLET authorized legal counsel DLC firm is the most effective way to start Follow this link to find an approved DLC firm in your area FELA vs Jones Act The Jones Act is federal law that allows seafarers to sue their employer for injuries or deaths during work It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters since they are not covered by the laws on workers compensation like those for landbased workers It was closely modeled after the Federal Employers Liability Act FELA which covers railroad workers and was designed to meet the specific requirements of maritime workers The Jones Act unlike workers compensation laws which restrict the amount of negligence recovery to a maximum 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 employers negligent actions The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain as well as future and past loss of earnings capacity and mental distress A claim against a seaman under the Jones Act can be brought either in a state court or a federal court In a suit under the Jones Act plaintiffs have the right to a jury trial This is a completely different approach to the majority of workers compensation laws which are usually legal and do not give injured workers the right to a jury trial In the case of Norfolk Southern Railway Company v Sorrell the US Supreme Court was asked to clarify whether a seamans contribution to his or their own injury was subject to a higher standard of proof than the standard for proof in FELA cases The Court decided that the lower courts were right when they determined the seaman had to prove that his contribution to his accident directly caused his injury Sorrell was awarded US15 million for his injury Norfolk Southern Sorrells employer asserted that the guidelines given to the jury by the trial court were not correct as they instructed the jury that Norfolk was only accountable for the negligence that directly caused his injury Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same Safety Appliance Act vs FELA The Federal Employers Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries This is a significant distinction for injured workers in highrisk sectors After an accident they can be compensated and maintain their families The FELA law which was passed in 1908 was an acknowledgment of the inherent dangers of the work It also established uniform liability standards FELA requires railroads to provide a safe workplace for their employees This includes the use of properly maintained and repaired equipment This includes everything from cars and trains to tracks switches and other safety equipment In order for an injured worker to succeed in a claim they must prove that their employer acted in breach of their duty of care by not providing a safe working environment and that the injury was a direct result of that failure This rule can be a challenge for some workers particularly when a piece of equipment is involved in an accident An experienced lawyer who has experience with FELA claims is a great resource An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker by providing a strong legal foundation The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a workers FELA claim These laws are known as railway statutes and require that rail corporations and in certain cases their agents like managers supervisors or executives of companies must comply with these rules in order to ensure the safety of their employees Infractions to these laws can be considered negligence per se meaning that a violation of one of these rules is enough to justify a claim for injury under FELA If an automatic coupler grab iron or any other railroad device is not installed correctly or is defective This is a common instance of a lawful railroad violation If an employee is injured because of this they may be entitled compensation However the law stipulates that if a plaintiff contributed to the injury in some way even even if it was a minor cause the amount they claim will be reduced Boiler Inspection Act vs FELA FELA is a series of federal laws that permit railroad employees and their families to claim substantial damages from injuries that they sustain while working This includes compensation for the loss of earnings and benefits such as medical costs disability payments and funeral expenses If an injury causes permanent impairment or death punitive damages can also be claimed This is to penalize the railroad for negligent acts and discourage other railroads from engaging in similar behavior Congress approved FELA as a response to the publics outrage in 1908 about the alarming rate of accidents and deaths on railroads Prior to FELA there was no legal basis for railroad workers to sue their employers for injuries they sustained on the job Railroad workers who were injured and their families were frequently left without adequate financial support during the period that they could not work due to their injury or the negligence of the railroad Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with the concept of comparative fault The law determines a railroad workers share of responsibility for an accident by comparing their actions to those of their coworkers The law allows for the jury to decide on the case If a railroad company is found to be in violation of federal railroad safety statutes such as 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 that it was negligent or even that it was a contributing cause of an accident You can also bring an action to recover injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act If you are a railroad employee who has been injured and you need to immediately seek out an experienced railroad injury lawyer A good lawyer will be able to assist you in filing your claim and getting the highest amount of benefits during the time that you arent working because of the injury