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Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they are faced with unique legal issues. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA case railroad workers must demonstrate two things. First, they must prove that the injury was the result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work, these two laws differ in a variety of ways. FELA only applies to railroad workers while workers' compensation applies to a variety of jobs in both the private and public sectors. FELA and workers' compensation differ in terms of who determines the degree of fault, how damages are awarded and the manner in which cases are tried.

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 family members and employees in the event they were injured while on the job. In order to be compensated under FELA workers must prove that their employer violated a federal statute or regulation relating to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, such as suffering and pain. In contrast to claims for workers' compensation that are typically restricted based on the injury suffered, a FELA can seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment living.

The main distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker has to prove that the employer was at minimum partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their damages could be reduced. For example in the event that an employee was directed to do something that was in violation of company policy and were hurt in the process, the company could be held 50 percent accountable for their injuries.

Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA case the statute of limitations is 3 years from the date of your injury, however, in a workers' compensation claim the statute of limitation is 1 year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured while working, he or she may make a claim under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation 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 injuries to the worker.

The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries resulting from the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This resulted in the need for a comprehensive coverage that goes beyond the laws governing workers' compensation.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.

FELA claims are similar to workers' compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death due to its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused in part or completely due to such negligence.

FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions requirements. In particular, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that their employees are protected in their workplace. This includes off-site locations like hotels that are private, where railroad workers may stay when traveling for business. The right railroad attorney can assist a railroad worker obtain the full benefits that they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However they differ in important ways.

In contrast to workers' compensation which allows employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with 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. It is more difficult to win a FELA case than workers' compensation claims due to the fact that evidence of negligence must be provided.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a group of peers, not the authority in charge of administrative matters that manage workers' compensation claims. FELA does not also limit the amount of damages an injured worker may be awarded, whereas workers' compensation claims do.

The distinction between these two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or a loved one was injured as a railroad employee, it is important to consult with a professional FELA lawyers.

To learn more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you maximize the benefits available under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your case by phone or in person. Our attorneys are on a contingent basis, meaning that you will not be charged unless you win.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation, which provides the same amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical treatment and a set amount of money to cover long-term disabilities which is usually less than what an individual loses.

The FELA law is applicable to railroads involved in global or interstate commerce. It permits injured employees and their families, to sue their employers for damages directly resulting from the company's negligence. This LibGuide offers a base for further research on this subject. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide is designed to be 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 people are unaware that FELA offers railroad workers specific protections. While many believe that FELA and state laws on workers' compensation are alike, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims in order that they can get the best representation. A qualified lawyer can assist the family of a railway worker who has passed away, or injured in understanding the different types damages available to them. This will allow the injured person to receive the maximum recovery allowed under FELA. If you're a railroad injury fela lawyer employee injured while on the job, consult an organization of Designated Legal Counsel.