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Workers Compensation Vs Federal Employers Liability Act Workers in highrisk industries who suffer injuries are usually protected by laws that require employers to higher standards of safety Federal Employers Liability Act is one example It protects railroad workers 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 FELA Vs Workers Compensation While both workers compensation and FELA are laws that offer protections to employees there are a few differences between the two These distinctions are related to claims processes as well as fault evaluation and the types of damages that are awarded for injury or death Workers compensation laws offer immediate relief to injured workers regardless of who is at fault for the accident FELA on the other hand demands that claimants prove that their railroad employer was at least partially accountable for their injuries In addition FELA allows workers to sue federal courts rather than the states workers compensation system It also provides a jury trial It also provides specific rules for determining damage For example workers can be awarded compensation up to 80 percent of their weekly earnings as well as medical expenses and a reasonable cost of living allowance A FELA lawsuit could also include compensation for discomfort and pain For a worker to succeed in a FELA case they must prove that the railroads negligence played at least a small part in the resulting injury or death This is a higher standard than that required for a successful claim under workers compensation This requirement is a product of the history of FELA In 1908 Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages when they were injured during their job In the wake of more than 100 years of FELA litigation railway companies today regularly adopt and use safer equipment but the trains tracks railroad yards and machine shops are among the most dangerous workplaces FELA is important to ensure the safety of railway workers and to tackle employers failures in protecting their employees If you are a railway employee who was injured while on the job it is essential that you seek legal advice as quickly as possible The best method to start is by contacting an approved designated Legal Counselor from BLET DLC Click here to find an approved DLC firm in your area FELA vs Jones Act The Jones Act is a federal law that permits seamen to sue their employers for workrelated injuries and deaths The Jones Act was passed in 1920 as a way to protect sailors who are at risk on the high seas or other navigable waters They are not covered under workers compensation laws unlike landbased employees fela accident attorney 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 compensation for negligence to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers In addition under the Jones Act plaintiffs are not required to prove their injuries or deaths were directly caused by an employers negligent conduct The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering as well as future and past loss of earnings capacity and mental distress A claim for seamanship under the Jones Act can be brought either in an state court or a federal court Plaintiffs in a suit brought under the Jones Act have the right to a jury trial This is a fundamentally 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 seamans contribution to his or her own injury was subject to a more rigorous standard of proof than the standard for evidence in FELA cases The Court held that the lower courts were right in their decision that a seamans role in his own accident has to be shown to have directly caused his or her injury Sorrell was awarded US15 million for his injuries Sorrells employer Norfolk Southern argued that the trial courts instructions to the jury were not correct since they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to his or her injury Norfolk asserted that the causation standard should be the same in FELA and Jones Act cases 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 This enables workers to receive compensation for their injuries and to support their families following an accident The FELA which was passed in 1908 was an acknowledgement of the inherent dangers of the job It also set up standardized liability requirements FELA requires railroads to provide a safe work 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 gear To be successful an injured worker must show that their employer breached their obligation to them by not providing them with a reasonably secure working environment and that their injury resulted directly from this failure This requirement may be difficult to fulfill for some workers particularly when a malfunctioning 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 knows the safety requirements for railroaders and the regulations that govern these requirements can strengthen the legal case of a worker by giving a solid legal basis The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the workers FELA claim These laws also known as railway statues require that rail corporations and in some cases their agents such as supervisors managers or company executives adhere to these rules to ensure the safety their employees Infractions to these laws can be considered negligence in and of itself meaning that a violation of any one of these rules is sufficient to justify an injury claim under FELA A common instance of a railroad statute violation is when an automatic coupler or grab iron is not properly installed or is defective This is clearly a violation of the Safety Appliance Act and if an employee is hurt because of it the employee may be entitled to compensation The law stipulates that the claim of the plaintiff may be reduced if they were responsible in any way to the injury even when the injury is not severe Boiler Inspection Act vs FELA FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they are injured while working This includes the compensation for lost earnings and benefits such as disability payments medical expenses and funeral expenses Additionally if an injury causes permanent impairment or death a claim could be made for punitive damages This is to punish the railroad and dissuade other railroads from engaging similar behavior Congress passed FELA in 1908 due to public outrage over the shocking rate of fatalities and accidents on railroads Before FELA there was no legal mechanism for railroad workers to sue their employers if 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 to work due to accident or negligence of the railroad Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court The act eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault This means that a railroad workers portion of the responsibility for an accident is determined by comparing his actions to those of his coworkers The law permits the jury to decide on the case If a railroad operator violates a federal railroad safety law such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it The railroad does not have to prove that it was negligent or that it contributed to an accident You can also make an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act If youve been injured while working as a railroad worker you must contact a seasoned railroad injury lawyer immediately A good lawyer can help you file a claim and receive the most benefits for the time you are in a position of no work because of your injury