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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

In order to prevail in a fela federal employers liability act claim railroad workers must be able to prove two things. First the injury must be proven to have been caused by their employer's negligence.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However they differ in few ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable 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, and how much damages are awarded and the method by which and where the cases are decided.

FELA was enacted because the danger of injury for railroad workers is high. Congress passed this law to safeguard workers, their families and themselves in the event of an injury on the job. In order to be compensated under FELA the worker must prove that their employer violated the federal law or regulation relating to safety in the workplace. 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 that aren't covered by workers compensation, like suffering and pain. Contrary to claims under workers' compensation that are typically limited based on the type of injury sustained, FELA is able to seek compensation for non-economic losses that include emotional stress or loss of enjoyment living.

Another difference between FELA and workers compensation is that to get compensation under FELA, the worker must prove that the company was at least partially responsible for their injury. If the injury suffered by a worker is found to be their fault, their damages could be reduced. For instance when the worker was told to perform a task that was against company policy and they were injured in the process the company could be held 50% accountable for their injuries.

Workers' compensation is an earlier timeframe for filing claims than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' compensation case, it's one year. It is therefore crucial to consult an FELA lawyer who has experience as soon as you can after your injury.

FELA in vs. State Law

When a railroad worker is injured on the job, he or she may file a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of the worker's injuries.

The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, injury and death rates among railroad employees were quite high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation law.

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.

Like workers' compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with wages lost, medical expenses and damages for pain and suffering. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or in violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the death or injury was caused in total or in part because of the negligence.

FELA cases have helped improve tort law by establishing precedent for issues such as railroad emotional distress and damages distribution as well as working conditions requirements. FELA claims particularly have sparked national attention to the issue of an employer's obligation to provide a safe working environment for its workers. This includes off-site locations such as private hotels, which railroad employees may stay while on business. A railroad attorney can help the railroad worker who has suffered injuries to obtain the full benefits he or is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while working and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, such as medical coverage, monetary payments and loss of future earnings but they differ in important ways.

Unlike workers' compensation, which allows workers to file without proving their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim, because evidence of negligence must be presented.

FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, not the authority that oversees administrative workers compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be given to injured workers, while 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 employees who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or a loved one has been injured as a railroad employee it is crucial that you speak with experienced FELA lawyers.

To find out more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits from FELA. Click here to visit the National Division BLET's website to find an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer no-cost consultations, and are available via phone or person to discuss your case. Our lawyers are on a contingent basis, meaning you will not be charged unless you win.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injuries claims. Contrary to workers compensation, which provide 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.

FELA also provides medical expenses and lost wages (including future earning potential) and death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which often is not enough to cover the actual losses of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide offers a base to research this issue. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to certain resources might require a password.

This LibGuide is designed to be an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Consult an attorney if you require additional assistance.

Many workers are unaware that FELA provides railroad employees with special protections. Although many believe that FELA and state laws on workers' compensation are the same however, they are quite different. Railroad workers who have been injured should be aware of the distinctions between these two types of claims to get the best representation. A lawyer with experience can help the family members of a railroad worker who has passed away or injured understanding the different types damages that they are entitled to. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.