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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured while on the job. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law.  fela claims railroad employees  is the Federal Employers' Liability Act.

In order to prevail in a FELA claim railroad workers must demonstrate two things. First, they must prove that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work, these two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a variety of jobs within the public and private sectors. FELA differs from workers' compensation in that it is governed by the person who caused the accident, what damages are awarded and the method by which and where cases are heard.

The risk of being injured is a high risk for workers on railroads, which is why FELA was enacted in 1908. Congress passed this law to protect workers, their families and themselves in the event of an injury on the job. To be eligible for compensation under FELA the worker must prove that their employer violated any federal law or regulation that relates to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also provides compensation for suffering and pain, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is typically restricted to a maximum amount based on injuries, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

A distinction between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If an injury suffered by a worker is found to be the fault of the company, their damages could be reduced. For instance, if the worker was told to perform a task that was not in line with company policy and were injured due to the incident the company could be held 50% responsible for their injuries.

Workers' compensation cases require a shorter timeline to file a claim. In the case of a FELA claim, the statute of limitations is three years from when your injury occurred, whereas in a workers' compensation case, it is one year. It is therefore crucial to speak with an FELA lawyer experienced in the earliest time you can after your injury.

FELA in vs. State Law

If a worker on the railroad is injured on the job the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Therefore the successful FELA claim requires proof that railroad negligence was at play and that such negligence contributed to the injury to the worker.

The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. For example, a recent case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA.

Like workers' compensation, the FELA claim provides the injured worker with wages lost and medical expenses as well as 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 a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused partially or completely due to such negligence.

FELA cases have benefited tort law by creating precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. FELA claims specifically have drawn national attention to the issue of a non-delegable employer's duty to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals in which railroad workers may stay while traveling for business purposes. Railroad attorneys can help the railroad worker who has suffered injuries to obtain the full benefits she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured on the job then he or she may claim workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, such as medical coverage, cash payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and have their case determined by a panel of their peers, not the administrative authority that oversees workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that may be granted to an injured worker and workers compensation claims limit damage awards based on a pre-determined schedule.

The difference between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or a loved one has been injured by a railroad employee it is crucial to speak with a professional FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits under FELA. Click here to visit the National Division BLET's website to find an experienced 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 available by phone or in person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay until we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers over injury claims. In contrast to workers' compensation which provides an amount that is fixed regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disability that is often less than what an individual loses.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a good place to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require the use of a password.

This LibGuide is designed to be an educational supplement for Villanova law students. This guide is not intended to provide legal advice. If you require further assistance, please consult an attorney.

Many workers are unaware that FELA provides railroad employees with specific protections. Many people believe that FELA is like state laws on workers' compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they receive the most effective representation. A lawyer with experience can help the family members of a railroad worker who has died or the injured employee in understanding the different types damages that they are entitled to. The person who has been injured will be entitled to the maximum amount of compensation allowed by FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.