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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries at work. In contrast to most workers insurance laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA claim railroad workers must be able to prove two things. First, that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate employees for work-related injuries or illnesses, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides the fault and how damages are determined and where cases are decided.

The risk of injury is a high risk for workers on railroads and that's why FELA was adopted in 1908. Congress passed the law to protect family members and employees in the event they were injured while working. To be eligible for compensation under FELA the worker must show their employer violated any federal law or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also offers compensation for suffering and pain, which are not covered by workers' compensation. Contrary to claims under workers' compensation which are usually limited based on the type of injury sustained, a FELA can seek compensation for non-economic losses like emotional stress or loss of enjoyment living.

Another distinction between FELA and workers compensation is that in order to get compensation under FELA workers must show that the company was at least partly responsible for their injury. If a worker is determined to be the cause of their injury the amount of damages may be reduced. If a worker is injured because they were told to violate company policy, and the company is held 50% responsible for the incident, then the company could be held at 50% accountable.

Workers' compensation cases require an earlier time frame to make a claim. In a FELA claim, the statute of limitations is three years from when your injury occurred, while in a workers' compensation case, it's one year. Therefore, it is important to contact a FELA lawyer with experience as soon as you can following your injury.

FELA vs. State Law

When a railroad worker is injured on the job, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in the injuries suffered by the worker.

The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were quite high. This led to the need for a comprehensive insurance that goes beyond the workers' compensation laws.

In general it is the case that the majority of FELA claim must be filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA.

Similar to workers' compensation and workers' compensation, a FELA claim provides the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury because of its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused partially or in totality due to the negligence.

FELA cases have improved tort law by creating precedents for issues like emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims particularly have sparked national attention to an employer's obligation to provide a safe work environment for its workers. This includes off-site places like hotels that are private, where railroad employees can stay while on business. An experienced attorney for railroads can assist an injured railroad worker obtain the full amount of benefits to which they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured while working and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, including medical coverage, monetary payments and loss of future earnings but they differ in important ways.

Contrary to workers' compensation which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required.

FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, not the authority that oversees administrative workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that may be given to injured workers, while workers' compensation claims limit damages based on a pre-determined schedule.

The distinction between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured as a railroad employee, it is important that you speak with experienced FELA lawyers.

To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're prepared to assist you maximize the benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available to discuss your case over the phone or in person. Our attorneys are on a contingent 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 an amount fixed, regardless of the fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential) as well as death benefits along with suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often is not enough to cover a worker's true losses.

The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a good starting point for research on this topic. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Access to some of these resources may require an account password.

This LibGuide was designed as a study aid to Villanova Law students. Nothing in this guide should be construed as legal advice. You should consult with an attorney if you require additional assistance.

Many people are unaware that FELA provides railroad employees with special protections. Though many people believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers injured in an accident must be aware of the differences between the two kinds of claims to ensure that they can get the most effective representation. A skilled lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the different types damages available to them. The injured person will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who was injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.