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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured on the job. Unlike most 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 claim, railroad workers must be able to prove two things. The first is that the injury occurred as a result of their employer's negligence.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However they differ in number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded and how and where the cases are decided.

The risk of being injured is high for people working on the railroad, which is why FELA was enacted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured while on the job. To be eligible for compensation under FELA the worker must prove the employer violated a 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 income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to a workers' comp claim, which is usually limited to a certain amount based on the severity of injuries and other injuries, a FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at least partly accountable for their injury. If a worker is found to be responsible for their injuries, the amount of their injuries could be reduced. If a worker is injured because they were instructed to violate company policy, and the company was held 50% responsible for the incident, then the company could be held 50% responsible.

Workers' compensation cases require shorter timeframes to submit claims. In the case of a FELA case the statute of limitation is three years from the date of your injury however, in a workers' compensation claim, the statute of limitations is one year. This is why it is important to consult a seasoned FELA lawyer immediately following your injury.

FELA vs. State Law

When a railroad worker is injured while working and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent, and that the negligence resulted in the worker's injuries.

The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were very high. This led to the need for a comprehensive insurance that goes beyond the workers' compensation laws.

In general it is the case that an fela law firm claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.

FELA claims are similar to claims for workers compensation in that they cover the loss of wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury because of its negligence or in violation of the safety laws, such as 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 have influenced tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation as well as working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its employees are protected in their workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may stay while traveling to work. A good railroad attorney can help an injured railroad worker receive 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 claim workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as financial compensation and medical coverage. However they differ in important ways.

Unlike workers' comp, which allows employees apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that led to their injury. 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 as the evidence of negligence has to be proven.

In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial, and get their case decided by a group of peers rather than the administrative authority that oversees workers' compensation claims. Additionally, FELA does not put any limit on the amount of compensation that could be awarded to an injured worker and 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 pursue their cases under FELA. If you or someone you know has been injured on the job as a railroad employee, it is crucial to speak with a professional FELA attorneys.

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're here to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's site to find a certified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via telephone or in person to discuss your case. Our attorneys are on a contingent basis, which means that you will not be charged unless you win.

FELA against. State Workers' Compensation Statutes

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

In addition to financial 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 contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disabilities, which is often far less than the amount a worker has lost.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file an action against their employer to recover damages caused by the company's negligence. This LibGuide is a good starting point for further research on this subject. The LibGuide contains links to online resources on the Villanova Law Library website. Access to certain resources may require a password.

This LibGuide was created as a study aid for Villanova Law students. Nothing in this guide should be taken as legal advice. Consult an attorney should you require additional assistance.

Many workers are unaware that FELA is a unique piece of legislation that offers special protections to railroad workers. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. Injured railroad workers must be aware of the distinctions between these two kinds of claims to receive the most effective representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that are available to their claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railroad employee injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.