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Workers Compensation Vs Federal Employers Liability Act If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Railroad workers, for instance, have the Federal Employers' Liability Act (FELA). In order to be entitled to damages under FELA, a worker must prove their injury was caused in part by negligence on the part of the employer. Workers' Compensation vs. FELA There are some differences between workers compensation and FELA although both laws provide protection to employees. These distinctions are related to the process of filing claims as well as fault assessment and the types of damages that are awarded in the event of injury or death. Workers' compensation law provides rapid assistance to injured workers regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad company is at the very least partially responsible for their injuries. Additionally, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also provides the option of a jury trial. It also sets specific rules for determining damage. For instance an employee can receive compensation of up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. Additionally the FELA suit could also include compensation for pain and suffering. To be successful for a worker in a FELA case, they must show that the railroad's negligence played at least a small part in the death or injury. This is a higher requirement than the one required for a successful workers compensation claim. This is a result of the FELA's history. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for large damages if they were injured in the course of their job. In the wake of more than 100 years of FELA litigation railway companies today regularly implement safer equipment, however the trains, tracks, railroad yards and machine shops are among the most dangerous work environments. This makes FELA crucial for ensuring safety of all railway workers and addressing the failures of employers to protect their employees. It is important that you seek legal advice as quickly as you can if you are a railway worker who is injured at work. The best way to start is to contact a BLET designated Legal Counsel (DLC). Click on this link to locate a DLC firm in your area. fela lawsuit settlements . Jones Act The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The law was passed 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 for land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers and was tailored to address the unique requirements of maritime workers. Unlike workers' compensation laws, which limit recovery for negligence to a maximum of the injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages such as past and future suffering and pain as well as future and past loss of earnings capacity, and mental distress. A claim for compensation by a seaman under the Jones Act may be brought in a federal or state court. In a lawsuit brought under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally new approach to the workers' compensation laws. The majority of these laws are statutory in nature and do not grant injured workers the right to trial by jury. In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled that the lower courts were correct when they determined that the seaman's involvement in his own accident must be shown as having directly caused his or her injury. Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous as they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases. Safety Appliance Act vs. FELA In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers in high-risk industries. After an accident, they will be compensated and support their families. The FELA was passed in 1908 to recognize the inherent dangers of the job and to set up uniform liability standards for companies that operate railroads. FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful an injured worker must prove that their employer breached their obligation to them by not providing them with a safe working environment and that their injury was the direct result of this negligence. This requirement may be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. A lawyer who understands the safety requirements for railroaders and the regulations that regulate these requirements, can help bolster the legal case of a worker by providing a solid legal foundation. Some railroad laws that can strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as “railway statutes” and mandate that rail corporations, and in certain instances their agents (like managers, supervisors, or company executives) must adhere to these rules to protect their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA. An example of railroad statute violations is when an automatic coupler or grab iron isn't properly installed or is defective. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result, they may be entitled to compensation. The law states 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). FELA Vs. Boiler Inspection Act FELA is a set of federal laws that permit railroad employees and their families to claim substantial damages for injuries caused while working. This includes compensation for loss of earnings and benefits including medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is in order to punish the railroad and dissuade other railroads from engaging in similar conduct. Congress approved FELA as a response to the public's outrage in 1908 about the alarming number of deaths and accidents on railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers when they suffered injuries while on the job. Injured railroad workers and their families were often left without financial assistance during the time 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 state or federal court. The act eliminated defenses like The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative blame. This means that a railroad worker's portion of the blame for an accident is determined by comparing his or her actions to those of his coworkers. The law also permits an open trial before a jury. If a railroad operator is found to be in violation of federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad is not required to prove negligence or that it contributed to an accident. You can also make an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act. If you are a railroad worker who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A reputable attorney will be able to assist you in submitting your claim and getting the highest amount of benefits for the time you are not working because of your injury.