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Workers Compensation Vs Federal Employers Liability Act Industries with high risk of injury that are injured are usually protected by laws which hold employers to higher standards of safety Railroad workers for example have the Federal Employers Liability Act FELA To be able to claim 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 Workers Compensation vs FELA There are some differences between workers compensation and FELA while both laws provide protection to employees These differences are related to claims processes as well as fault evaluation and the types of damages that are awarded for death or injury Workers compensation law gives rapid aid to injured workers regardless of who was at fault for the accident FELA requires that claimants show that their railroad employer is at a minimum partially responsible for their injuries Additionally FELA allows workers to sue in federal court rather than the states workers compensation system It also provides a jury trial It also sets specific guidelines for the determination of damages For example a worker can receive compensation up to 80 percent of their weekly salary in addition to medical expenses and an affordable cost of living allowance Furthermore a FELA suit could include compensation for pain and suffering In order to win a FELA claim a worker must demonstrate that the railroads negligence was a factor in the injury or death This is a far higher standard than that required for a successful claim under workers compensation This is a result of the history of FELA In 1908 Congress passed FELA in an effort to increase the safety of rail lines by allowing workers to sue for significant damages when they were injured in the course of their job Despite the fact that railroad companies have been suing for over 100 years they employ dangerous equipment and train tracks as well as in their machine shops yards and other workplaces FELA is crucial to ensure the safety of railway workers and to tackle employers failures in protecting their employees If you are a railway worker who has suffered an injury in the course of work it is essential to seek legal advice as soon as possible The best method to start is to contact the BLETapproved Legal Counsel DLC Click this link to find a BLETapproved DLC firm in your area FELA vs Jones Act The Jones Act is federal law which allows seamen to sue their employers for any injuries or deaths they suffer on the job The Jones Act was enacted in 1920 as a way to safeguard 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 workers on land It was modeled on the Federal Employers Liability Act FELA which was which covers railroad workers It was also crafted to satisfy the needs of maritime employees The Jones Act unlike workers compensation laws which limit the amount of compensation for negligence to the amount of lost wages for an injured worker is a law that allows unlimited liability in maritime cases that involve negligence by employers The Jones Act does not require plaintiffs to prove that their employers negligence led to their death or injury The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering as well as future and past loss of earnings capacity and mental distress A suit for a seaman in the Jones Act can be brought either in an state court or a federal court In a lawsuit brought under the Jones Act plaintiffs have the right to a jury trial This is a fundamentally new approach to the workers compensation laws Most of these laws are statutory in nature and do not grant injured workers 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 if a seamans contribution to their own injuries was subject to a stricter proof standard than in FELA claims The Court decided that the lower courts were correct in determining that a seamans role in his own accident must be proven to have directly caused his or her injury Sorrell received US15 million in compensation for his injuries Sorrells employer Norfolk Southern argued that the trial courts instructions to the jury were incorrect as they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the victims injury Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same Safety Appliance Act vs fela claims In contrast to the laws governing workers compensation and the Federal Employers Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries This is an important distinction for injured workers working in highrisk sectors This allows them to be compensated for their injuries as well as take care of their families following an accident The FELA was passed in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for businesses that operate railroads FELA requires railroads to provide a safe work environment for their employees which includes the use of properly maintained and repaired equipment This includes everything from cars and locomotives to tracks switches and other safety equipment In order for an injured worker to be successful in a claim they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe working environment and that the injury occurred as directly caused by this failure This requirement may be a challenge for some workers especially when a defective piece of equipment is involved in an accident This is why an attorney who has experience in FELA cases can help A lawyer who understands the safety requirements for railroaders and the regulations that regulate these requirements can strengthen a workers legal case by giving a solid legal basis Some railroad laws that may strengthen a workers FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act These laws also referred to as railway statues require that rail corporations and in some instances their agents such as managers supervisors or company executives must adhere to these regulations 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 sufficient to support an injury claim under FELA When an automatic coupler grab iron or another railroad device isnt installed properly or is damaged this is a common example of a railroad law violation If an employee is injured as a result of this they may be entitled compensation However the law stipulates that if the plaintiff was a contributor to the injury in some way even the injury is not severe the amount they claim will be reduced FELA Vs Boiler Inspection Act FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they suffer injuries on the job This includes the compensation for lost earnings and benefits such as medical expenses disability payments and funeral costs Additionally in the event that an injury causes permanent impairment or death a claim could be filed for punitive damages This is to punish the railroad and deter other railroads from engaging similar conduct Congress approved FELA as a response to the publics anger in 1908 at the shocking rate of accidents and deaths on railroads Before FELA there was no legal way for railroad employees to sue their employers when they were injured while on the job Injured railroad workers 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 eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame This means that a railroad workers share of the blame for an accident is determined by comparing his actions with those of his coworkers The law also allows for a jury trial If a railroad operator violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result from it The railroad does not need to prove that it was negligent or that it contributed to an accident It is also possible to file 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 employee who has suffered an injury or injured you must immediately contact an experienced railroad injury lawyer A qualified lawyer can assist you file a claim and receive the most benefits in the event that you are unable to work due to the injury