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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured while on the job. Unlike most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA case, railroad workers need to establish two things. First the injury must be proven to be caused by their employer's negligence.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However, they differ in a couple of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of private and public sector jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, what damages are awarded and how and where cases are heard.

The risk of being injured is very high for those working on the railroad, which is why FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated a federal statute or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for the past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. In contrast to claims for workers' compensation which are usually capped based on the injuries sustained, FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA, the worker must show that the company was at least partially responsible for their injuries. If an injury suffered by a worker is determined to be their fault their damages can be reduced. If a worker gets hurt because they were instructed to follow company policy, and the company is held 50% responsible, for example, then the company could be held at 50% accountable.

Workers' compensation cases have a shorter timeline to make claims. In the case of a FELA claim, the statute of limitations is three years from when your injury occurred, while in a workers' comp case, it's one year. This is why it is important to contact an experienced FELA lawyer as soon as possible after your injury.

FELA in vs. State Law

If a railroad worker is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers' compensation. Contrary to workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of injuries to the worker.

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

A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance 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.

FELA claims are similar to claims for workers' compensation in that they provide lost wages, medical expenses as well as 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 in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused partially or in full by such negligence.

FELA cases have improved tort law by establishing precedents for issues like emotional distress on the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its workers are safe in their workplace. This includes off-site locations such as private hotels where railroad employees may stay for business reasons. The right railroad attorney can help an injured railroad worker receive the full amount of benefits to which they are entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If workers are injured while working and suffers an injury on the job, they can file for workers compensation benefits or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, cash payments and loss of future earnings however, they differ in significant ways.

Unlike workers' comp, which allows employees claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration 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 ruled by a group consisting of their peers, not the authority that oversees administrative workers' compensation claims. In addition, FELA does not put an upper limit on the amount of damages that may be granted to an injured worker while workers compensation claims limit damage awards according to a pre-determined timetable.

The difference between the two statutes is crucial to understand, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you love was injured on the job as a railroad worker it is crucial to speak with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We're here to help you receive the best benefits from FELA. Click here to go to the National Division BLET's website to find a certified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations, and are available by phone or in person to discuss your case. Our attorneys are on a contingent basis, meaning that you will not be charged until we succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp, which pays a fixed amount regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses, lost wages (including future earning potential) and death benefits as well as pain and suffering. Workers compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disability that is often less than the amount the worker is losing.

The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a good starting point to start your research. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. If you require more help seek advice from an attorney.

Many workers do not realize that FELA is a distinct piece of legislation that provides specific protections to railroad employees. Many people believe that FELA is like state laws on workers' compensation, but they are not. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or injured in understanding the various types of damages they can claim. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.