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Workers Compensation Vs Federal Employers Liability ActWorkers in high-risk industries who are injured are usually protected by laws that hold employers to higher standards of safety. Federal Employers’ Liability Act for instance, protects railroad workers.In order to recover damages under FELA workers must prove that their injury was caused at the very least partially due to negligence on the part of the employer.Workers’ Compensation vs. FELAThere are differences between workers compensation and FELA although both laws provide protection to employees. These distinctions are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers’ compensation laws offer immediate relief to injured workers, regardless of who is at fault for the accident. FELA however 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 instead of the state’s worker’ compensation system and provides the option of a jury trial. It also sets specific guidelines for the calculation of damages. fela claims railroad employees may receive up to 80% their average weekly salary, plus medical expenses, and an appropriate cost-of-living allowance. Moreover an FELA suit may include additional compensation for pain and suffering.For a worker to succeed in a FELA case they must prove that the railroad’s negligence was at least a role in the death or injury. This is a far more stringent requirement than that needed to be successful in a claim under workers’ compensation. This requirement is a result of FELA’s history. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to claim damages.Despite the fact that railroad companies have been suing for over a century, they still use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other work areas. This is what makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers’ inability to protect their employees.If you are a railway employee who has suffered an injury while on the job it is essential that you seek legal advice as soon as you can. The best way to begin is to reach out to a BLET designated Legal Counsel (DLC). Click on this link to locate the DLC firm in your area.FELA vs. Jones ActThe Jones Act is federal law that permits seafarers to sue their employers for injuries or fatalities on the job. 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 similar to those that protect employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was tailored to address the unique requirements of maritime workers.Contrary to the laws governing workers’ compensation which limit the recovery for negligence to a maximum of the injured worker’s lost wages, Jones Act provides unlimited liability for maritime plaintiffs in cases that involve employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly caused by the negligence of an employer’s actions. The Jones Act allows injured seamen to sue their employers in order to seek compensation for unspecified damages like past and present suffering and pain, future loss of earning capacity, mental distress, etc.A seaman’s claim under the Jones Act may be brought in a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a revolutionary approach to workers’ compensation laws. The majority of these laws are statutory in nature and do not give injured workers the right to a trial by jury.In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injuries was subject to a more strict proof standard than in FELA claims. The Court decided that the lower courts were correct in their decision that a seaman’s contribution to 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. Sorrell’s employer, Norfolk Southern, argued that the court’s instructions to the jury were not correct, since they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases.Safety Appliance Act vs. FELAUnlike workers’ compensation laws in contrast, the Federal Employers’ Liability Act enables railroad workers to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA that was enacted in 1908, was an acknowledgement of the inherent risks of the work. It also established uniform standards for liability.FELA requires railroads to provide a secure working environment for their employees, which includes the use of well-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 demonstrate that their employer has violated their duty of responsibility by not providing them with a safe working environment, and that their injury was the direct result of this negligence.This requirement can be difficult to fulfill for some workers, particularly when a defective piece of equipment is involved in an accident. This is why a lawyer with expertise in FELA cases can help. A lawyer who knows the safety requirements for railroaders, as well as the regulations that regulate these requirements, can strengthen a worker’s legal case by providing a solid legal base.Certain railroad laws that could help workers’ FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as “railway statutes” and mandate that rail corporations, and in some cases, their agents (like managers, supervisors or company executives) must comply with these rules to protect their employees. Violating these statutes can constitute negligence per se, meaning that a violation of one of these rules is enough to justify an injury claim under FELA.When an automatic coupler, grab iron or other railroad device is not 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 could be entitled to compensation. However, the law also stipulates that if a plaintiff contributed to their injury in some way (even if minimal), their claim may be reduced.FELA Vs. Boiler Inspection ActFELA is a set of federal laws which allows railroad employees and their families to claim substantial damages if they are injured while working. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim can be made for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging similar conduct.Congress passed FELA in 1908 as a result of public outrage at the alarming rate of accidents and fatalities on the railroads. Before FELA there was no legal way for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without adequate financial assistance during the time they were unable work due to accident or negligence of the railroad.Under the FELA, railroad workers injured can make a claim for damages in state or federal courts. The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. This means that the railroad worker’s share of the responsibility for an accident is determined by comparing his actions with those of his coworkers. The law allows for an investigation by jury.If a railroad carrier is found to be in violation of federal railroad safety laws like 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 it was negligent or that it was a cause of an accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.If you have been injured while working as a railroad worker you must contact a seasoned railroad injury attorney immediately. A good lawyer can help you file a claim and obtain the most benefits during the time you are not able to work because of the injury.