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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries on the job. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

To win a FELA claim railroad workers must be able to prove two things. First the injury must have been caused by their employer's negligence.

FELA Vs. Workers' Compensation

Workers compensation and FELA are both designed to compensate employees who are afflicted by work-related injuries or illnesses. However they differ in number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a broad range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides the fault and the way in which damages are awarded and where cases are tried.

FELA was passed because the risk of injury to railroad workers is high. Congress passed this law to protect workers and their families as well as themselves in the event of injury on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated the federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. In contrast to claims for workers' compensation that are typically capped based on the injuries sustained, FELA can seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment living.

Another distinction between FELA and workers compensation is that to receive compensation under FELA the worker must prove that the company was at least partially accountable for their injury. If an injury suffered by a worker is found to be attributable to them, their damages could be reduced. If a worker is injured because they were instructed to violate company policy, and the company was found to be 50% accountable for the incident, then the company may be held to be 50% responsible.

Workers' compensation cases have shorter timeframes to make claims. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, while in a workers' compensation case, it's only one year. This is why it is crucial to speak with an experienced FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad employee gets injured while working the employee can make a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus, a successful FELA claim requires evidence that the railroad was negligent and that negligence was responsible for causing the worker's injury.

The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad worker deaths and injuries were high. This led to the need for comprehensive coverage that goes beyond the laws governing workers' compensation.

In general the majority of cases, a FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was responsible for the FELA.

FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death because of its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the death or injury was a result of the whole or in part because of the negligence.

FELA cases have improved tort law by setting precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions standards. FELA claims particularly have drawn national attention to an employer's obligation to provide a safe and secure work environment for its workers. This includes off-site facilities like private hotels where railroad workers may stay while on business. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full benefits he or can claim under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job, injury while working, they may file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits such as cash payouts and medical coverage. However, they are different in important ways.

Unlike workers' comp which allows employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the Federal employers’ Liability government that caused their injury. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be provided.

FELA allows injured railroad workers to have their cases ruled by a committee of their peers, rather than the authority that oversees administrative workers' compensation claims. FELA does not also limit the amount of damages an injured worker may be awarded, whereas workers' compensation claims do.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one was injured as an employee of a railroad it is essential to consult with experienced FELA lawyers.

To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to assist you receive the best benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our lawyers are on a contingency basis, which means that you will not be charged unless you prevail.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation which provides a fixed amount regardless of fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Workers compensation, on the other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far less than what the worker is losing.

The FELA law applies to railroads that are involved in international or global trade. It permits injured employees, as well as their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good place to start your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you require further assistance you should consult an attorney.

Many people do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people are mistakenly thinking that FELA is like state workers' compensation laws however they aren't. Railroad workers who have been injured should be familiar with the distinctions between these two types of claims in order to receive the most effective representation. In the event of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages that are available to their claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.