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Workers Compensation Vs Federal Employers Liability ActIndustries with high risk of injury that suffer injuries are usually protected by laws which hold employers to higher standards of safety. Railroad workers, for example are covered under the Federal Employers’ Liability Act (FELA).To be able to claim damages under the FELA the plaintiff must prove that their injury was at least partially caused by the negligence of the employer.Workers’ Compensation vs. FELAWhile both workers’ compensation and FELA are laws that offer protections to employees, there are significant differences between them. These differences are based on the claims process, fault assessment and types of damages awarded in instances of death or injury. Workers’ compensation law gives quick aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants show that their railroad company is at least partly responsible for their injuries.FELA also allows workers to sue federal courts instead of the state workers’ compensation system, and provides a trial by jury. It also has specific rules for the calculation of damages. A worker can receive up to 80% their average weekly wage together with medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.In order to win 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 requirement than that required to win a workers compensation claim. This requirement is a result of FELA’s history. In 1908, Congress passed FELA in order to improve safety on the rails by allowing workers to sue for large damages if they suffered injuries 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 essential to ensure the safety of railway workers and to correct employers’ inability to protect their employees.If you are a railway worker who was injured while on the job it is essential that you seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Click this link to find a BLET-approved DLC firm in your area.FELA vs. fela lawsuit settlements is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer during work. It was enacted in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, as they are not covered by workers’ compensation laws like those that cover land-based workers. It was modeled on the Federal Employers’ Liability Act (FELA) which was which protects railroad workers. It was also crafted to meet the needs of maritime workers.Unlike workers’ compensation laws which limit the recovery for negligence to a maximum amount of an injured worker’s lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer’s negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering and pain, past and future loss of earnings capacity, and mental distress.A claim for compensation by a seaman under the Jones Act may be brought in either a state or federal court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely different approach than most workers’ compensation laws which are usually statute-based and do not grant injured employees the right to a jury trial.In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman’s contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court ruled the lower courts were right in determining that the seaman must prove his involvement in the accident directly led to his injury.Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell’s employer asserted that the guidelines given to the jury by the trial court were wrong, as they instructed the jury that Norfolk was only responsible for negligence that directly caused the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.Safety Appliance Act vs. FELAThe 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 who work in high-risk sectors. This enables them to receive compensation for their injuries and also to take care of their families following an accident. The FELA that was enacted in 1908, was an acknowledgement of the inherent hazards of the work. It also set up uniform standards for liability.FELA requires railroads to provide a safe working environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To be successful an injured worker must show that their employer did not fulfill their obligation of care by failing to provide them with a safe working environment and that their injury resulted directly from the failure.Some workers may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment is involved in causing an accident. An attorney with experience in FELA claims can be a great help. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a solid legal basis.Certain railroad laws that could help the 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 corporations and, in some instances, their agents (such as supervisors, managers, or company executives) adhere to these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is enough to justify an injury claim under FELA.An instance of railroad statute violations is the case where an automatic coupler or grab iron isn’t properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and should an employee be injured because of it the employee may be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even even if the injury is minor).Boiler Inspection Act vs. FELAFELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they suffer injuries while on the job. This includes compensation for loss of earnings and benefits like medical expenses as well as disability benefits and funeral expenses. In addition, if an injury results in permanent impairment or death, a claim can be made for punitive damages. This is to penalize the railroad and dissuade other railroads from engaging in similar behavior.Congress passed FELA in response to the public’s anger in 1908 over the shocking rate of accidents and deaths on railroads. Before FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers injured in the line of duty and their families were often left without financial support during the time they were unable to work due to injuries or negligence on the part of the railroad.Under the FELA railroad workers who are injured may file a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with the concept of comparative fault. This means that a railroad worker’s portion of the responsibility for an accident is determined by comparing their actions to those of his coworkers. The law also permits an open trial before a jury.If a railroad operator violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. It is not necessary for the railroad to prove it was negligent or that it was a cause of an accident. You may also file an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.If you’ve been injured on the job as a railroad worker you should consult a skilled railroad injury attorney immediately. A qualified lawyer can assist you file a claim and receive the maximum amount of compensation for the time you are not able to work because of the injury.