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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers’ Employers' Liability Act.

To win a FELA case railroad workers must establish two things. First, that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers compensation and FELA both are designed to compensate workers for work-related injuries or illnesses However, these two laws differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs within the public and private sectors. FELA and workers' compensation differ in terms of who determines fault and the way in which damages are awarded and where cases are decided.

FELA was enacted because the risk of injury to railroad workers is high. Congress passed this law to safeguard workers as well as their families and themselves in the event of accident on the job. In order to be compensated under FELA the worker must prove their employer has violated any 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 offers compensation for pain and suffering, which are not covered by workers' compensation. In contrast to a workers' compensation claim, which is typically limited to a certain amount based on the severity of injuries and other injuries, an FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker has to prove that the company was at least partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their injuries could be reduced. For example, if an employee was directed to do something against company policy and they were hurt due to the incident the company could be held 50 percent responsible for their injuries.

Workers' compensation cases require an earlier time frame to file claims. In a FELA claim, the statute is three years from the date your injury occurred, while in a workers' comp case, it's only one year. This is why it is important to contact an experienced FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad worker gets injured on the job the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused the worker's injuries.

The FELA was enacted in 1908 and was intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passing of this law, the death and injury rates among railroad employees were extremely high. This led to the need provide railroad workers with extensive coverage that is greater than the workers' compensation laws.

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

Similar to workers compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with lost wages and medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the death or injury due to its negligence or in violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused partially or in totality due to the 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 particularly, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site facilities such as hotels owned by private individuals where a railroad's workers might stay while traveling for business reasons. A railroad attorney can help the railroad worker who has suffered injuries to obtain the full benefits he or she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury on the job, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However, they are different in a number of important ways.

Unlike workers' comp, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule 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. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a panel of their peers, not the administrative authority who oversees workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker while workers compensation claims limit damage awards according to a pre-determined timetable.

The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know was injured on the job as a railroad worker, it is essential to speak with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We are ready to help you obtain the maximum benefits under FELA. Click here to visit the National Division BLET's website to locate a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available to discuss your case over the telephone or in person. Our attorneys also operate on a contingency fee, which means you don't pay until we succeed in your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers' compensation, which provides an amount that is fixed regardless of who is responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Workers' compensation, on the contrary, provides temporary medical treatment and a set amount of money to cover long-term disabilities that is often less than the amount a worker has lost.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers to recover damages caused by the company's negligence. This LibGuide offers a base for research on this topic. The LibGuide provides links to online resources available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney should you require assistance.

Many workers do not realize that FELA is a distinct piece of legislation that offers specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers who have been injured must be aware of the differences between these two types of claims in order to receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away, or the injured employee in understanding the various kinds of damages they can claim. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.