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Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal issues. Contrary to the majority of workers insurance laws, railroad workers are able to sue their employers under federal employers’ law specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA claim, railroad workers must be able to prove two things. First the injury must be the result of the negligence of their employer.

FELA vs. Workers' Compensation

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

The risk of being injured is high for people working on railroads and that's why FELA was passed in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury on the job. In order to receive compensation under FELA, the worker must demonstrate that their employer violated a federal statute or regulation relating 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 past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including pain and suffering. Contrary to a workers' comp claim, which is usually capped at an amount based upon the severity of injuries and other injuries, an FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury. If a worker is determined to be at fault for their injuries the amount of their damages could be reduced. For instance in the event that an employee was directed to do something in violation of company policy and were hurt as a result, the company could be held 50% responsible for their injuries.

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

FELA vs. State Law

If a railroad employee is injured while at work the employee can make a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused the injuries suffered by the worker.

The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were extremely high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.

Like workers' compensation, a FELA claim compensates the injured worker with wages lost as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death due to its negligence or in violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was caused in whole or in part due to the negligence.

FELA cases have improved tort law by establishing precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions requirements. Particularly, FELA claims have brought federal 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 facilities such as private hotels in which railroad workers may be staying for business purposes. A railroad attorney can help those who have been injured to receive the full amount of benefits is entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured on the job, injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However they differ in some important ways.

In contrast to workers' compensation, which allows employees to file a claim without proving that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence must be proven.

In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a group of peers, not the authority in charge of administrative matters that manage workers compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be awarded to an injured worker and workers' compensation claims limit damage awards based on a pre-determined schedule.

It is important to know the difference between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They must take their cases to FELA. If you or a loved one has been injured as an employee of a railroad, it is important to consult with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to assist you get the most benefits from FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available by telephone or in person to discuss your case. Our attorneys are on a contingent basis, which means that you will not be charged until we win.

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 is an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon 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 suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which often does not cover the true costs of a worker.

The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to research this issue. The LibGuide includes links to online resources on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is intended to serve as an educational supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. If you require further assistance seek advice from an attorney.

Many workers are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the most effective representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to comprehend the various types of damages available for their claim. The person who has been injured will be able to receive the maximum amount of compensation allowed by FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.