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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured at work. Unlike most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To prevail in a FELA case railroad workers must establish two things. First the injury must have been caused by their employer's negligence.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of private and public jobs. FELA and workers' compensation are also different in the way they determine the degree of fault and the way in which damages are awarded, and where and how cases are handled.

FELA was passed because the risk of injury to railroad workers is high. Congress passed this law to safeguard workers, their families and themselves in the event of an injury while working. In order to receive compensation under FELA, the worker must prove that their employer has violated any federal law or regulation that pertains to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. Unlike a workers' compensation claim, which is usually limited to a certain amount based on injuries, an FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must prove that the employer was at a minimum partially responsible for their injuries. If a worker is found to be responsible for their injury the amount of damages could be reduced. If a worker gets hurt because they were told to do something against company policy and the company is held 50% accountable, for example, then the company could be held at 50% accountable.

Workers' compensation cases have a shorter timeline to make an claim. In a FELA case the statute of limitations is 3 years from the date of your injury however, in a workers' compensation case the statute of limitation is one year. It is therefore crucial to consult a FELA lawyer with experience as soon as you can after your injury.

FELA Vs. State Law

If a railroad worker is injured while at work the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws which offer benefits regardless of who was responsible for the injury, FELA is a liability statute. Therefore the successful FELA claim requires proof that railroad negligence was at play and that the negligence was responsible for causing the worker's injury.

The FELA law, which was enacted in 1908, was enacted to provide compensation for railroad workers who have been injured due to the nature of their work. Before the enactment this law, railroad employee accident and death rates were high. This sparked the need to provide railroad employees with extensive coverage that is greater than 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 example an upcoming case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.

FELA claims are similar to claims for workers compensation claims in that they provide lost wages, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused in part or in totality due to the negligence.

FELA cases improved tort law through the creation of precedents for issues such a railroad emotional distress, damages allocation and working conditions standards. FELA claims particularly, have brought federal attention to a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may stay for business purposes. A railroad attorney can help those who have suffered injuries to obtain the full amount of benefits she is eligible for under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured while working and suffers an injury on the job, they can claim workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However they differ in some important ways.

Contrary to workers' compensation which allows employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence must be provided.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a group of peers 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 awarded to an injured worker while workers' compensation claims limit damage awards according to a pre-determined timetable.

It is essential to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you know was injured while working as a railroad employee, it is crucial to speak with experienced FELA attorneys.

To learn 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 pursue the maximum benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available via phone or person to discuss your case. Our lawyers work on a contingent basis, meaning that you will not be charged until we win.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. Contrary to workers' compensation, which provides a fixed amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, accidentinjurylawyers 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) and death benefits and pain and suffering. Workers compensation, on the other hand, offers only temporary medical care and a set amount of money to cover long-term disabilities, which is often far lower than what a worker has lost.

The FELA law applies to railroads that participate in interstate or global commerce. It allows injured employees and their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide offers a base to research this issue. The LibGuide provides links to online resources on the Villanova Law Library website. Access to some of these resources may require the use of a password.

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

Many people are unaware that FELA provides railroad employees with specialized protections. While many believe that FELA and state laws on workers' compensation are the same however, they are quite different. Injured railroad workers need to be aware of the differences between the two types of claims so that they can get the most effective representation. A skilled lawyer can assist the family of a railway worker who has passed away or injured understanding the various types of damages that they are entitled to. The injured person will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who was injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.