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Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face particular legal challenges. Unlike 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 prove two things. First the injury must have been caused by their employer's negligence.

FELA against. Workers' Compensation

While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of private and public jobs. FELA and workers' compensation differ in the way they determine 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 passed in 1908. Congress passed the law to protect workers and their families in the event of being injured while on the job. In order to be compensated under FELA workers must prove that their employer has violated any federal law or regulation that pertains 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 income and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is generally restricted to a maximum amount based upon the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.

Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injury. If the injury suffered by a worker is determined to be their fault their damages can be reduced. For example, if an employee was directed to do something against company policy and they suffered injuries due to the incident the company could be held 50 percent responsible for their injuries.

Workers' compensation has an earlier timeframe for filing a claim than a FELA case. In the case of a FELA case the statute of limitation is three years from date of your injury, while in a workers' compensation claim the statute of limitations is one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

When a railroad worker is injured while working and suffers an injury, they can submit a claim for compensation under workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that the railroad was negligent and that negligence contributed to causing the worker's injury.

The FELA was enacted in 1908 and was intended to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were quite high. This sparked the need to provide railroad employees with extensive coverage that is greater than 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 an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was responsible under the FELA.

Like workers' compensation as well, a FELA claim compensates the injured worker with compensation for lost wages, medical expenses and the cost of suffering. The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the death or injury was caused in whole or in part because of the negligence.

FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad, damages distribution and working condition standards. Particularly, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site places like private hotels which railroad employees may stay while on business. An experienced attorney for railroads can help an injured railroad worker receive the full benefits that they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

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

Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that led to 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 harder to win a FELA claim than workers' compensation claims, since proof of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that may be granted to an injured worker while workers' compensation claims limit damage awards based on a pre-determined schedule.

The difference between the two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you know was injured while working as a railroad employee, it is important to talk with experienced FELA attorneys.

To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you maximize the benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency fee which means that you don't pay unless we are successful in settling your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. In contrast to workers' compensation, which provides an amount that is fixed regardless of who was at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads operating in interstate or international commerce, and permits injured employees and their families to bring lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a good place to start your research. It includes links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources might require the use of a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to be legal advice. If you require further assistance seek advice from an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are the same but they are vastly different. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they receive the best representation. A qualified lawyer can assist the family members of a railroad worker who has passed away or injured understanding the different types damages available to them. This will allow the injured person to receive the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.