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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. This is the Federal Employers' Liability Act.

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

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a wide variety of jobs in both the private and public sectors. FELA and workers' compensation also differ in regards to who decides fault and the way in which damages are awarded and where cases are tried.

The risk of being injured is a high risk for workers on railroads This is the reason 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. To receive compensation under FELA the worker must show their employer has violated the federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' comp. In contrast to a workers' compensation claim, which is usually restricted to a maximum amount based upon the severity of injuries, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

The difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must prove that the company was at least partially responsible for the injury. If a worker is found to be at fault for their injury the amount of damages could be reduced. For example when a worker was instructed to do something that was against company policy and they suffered injuries as a result the company could be held 50% accountable for their injuries.

Workers' compensation cases have a shorter timeline to make claims. In the case of a FELA case the statute of limitation is three years from date of your injury while in the case of workers' compensation the statute of limitations is one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA vs. State Law

When a railroad worker is injured on the job the worker can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore the successful FELA claim requires evidence that railroad negligence was at play and that such negligence was responsible for the injury of the worker.

The FELA legislation, which was passed in 1908, is designed to compensate railroad workers who are injured due to the nature of their work. Prior to the enactment of this law, railroad employee deaths and injuries were high. This led to the need to offer railroad workers a extensive coverage that is greater than workers' compensation law.

In general the majority of cases, a FELA claim must be filed in a federal court since the FELA is a federal employers’ liability act law. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was responsible for the FELA.

Like workers compensation, the FELA claim provides the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that the railroad was accountable for the injury or death due to its negligence or in violation of the safety laws, 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 emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims particularly, have brought federal attention to a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site places such as hotels owned by private individuals where a railroad's workers might stay for business reasons. Railroad attorneys can help a railroad worker who has suffered injuries to obtain the full amount of benefits is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

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

Contrary to workers' compensation which allows workers to file without having to prove that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws which caused their injuries. 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 a workers' compensation claim, because the evidence of negligence has to be presented.

FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, not the authority that oversees administrative workers compensation claims. FELA also does not limit the amount of compensation an injured worker could receive, whereas workers' compensation claims do.

It is important to know the difference between these two laws, especially 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 love was injured as an employee of a railroad it is crucial to consult with experienced FELA lawyers.

Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're here to help you get the most benefits available under FELA. Click here to visit the National Division BLET's website to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency basis, which means you don't pay until we succeed in your case.

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 pays an amount that is fixed regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as pain and suffering. Workers' compensation, on the contrary, provides only temporary medical care and a set amount of money to cover long-term disability which is usually lower than what the worker is losing.

The FELA law is applicable to railroads operating in interstate or international commerce, and permits injured employees and their families to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a good place to begin your research. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to provide legal advice. Consult an attorney if you require additional assistance.

Many people are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state laws on workers' compensation are alike, they are very different. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they receive the best representation. A skilled lawyer can assist the family of a railway worker who has died or injured in understanding the various kinds of damages available to them. This will allow the injured worker to get the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, consult a firm of Designated Legal Counsel.