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Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they face unique legal challenges. Unlike most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a fela railroad settlements claim railroad workers must demonstrate two things. First the injury must be the result of the negligence of their employer.

FELA vs. Workers' Compensation

While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of private and public sector jobs. FELA and workers' compensation also differ in regards to who decides fault and how damages are determined and the manner in which cases are handled.

The risk of injury is very high for those working on railroads and that's why FELA was enacted in 1908. Congress passed the law to protect family members and employees in the event of being injured while working. In order to be compensated under FELA, the worker must prove that their employer violated a federal statute or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as suffering and pain. Unlike a workers' compensation claim, which is typically restricted to a maximum amount based upon the severity of injuries however, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injuries. If a worker is found to be at fault for their injury the amount of their damages may be reduced. For instance, if the worker was told to perform a task that was against company policy and they suffered injuries in the process, the company could be held 50% responsible for their injuries.

Workers' compensation requires a faster timeline for filing claims than the FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim the statute of limitations is 1 year. This is why it is crucial to contact an experienced FELA lawyer immediately following your injury.

FELA in vs. State Law

If a worker on the railroad is injured on the job the worker can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus the successful FELA claim requires proof that railroad negligence was at play and that the negligence played a role in the injury of the worker.

The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need to offer railroad workers a complete coverage, which is higher than the workers' compensation laws.

In general, a FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA.

Similar to workers' compensation and workers' compensation, the FELA claim provides the injured worker with wages lost as well as medical expenses, pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the death or injury was caused in total or in part by the negligence.

FELA cases have improved tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working condition standards. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are safe in their workplace. This includes off-site places like hotels that private parties use where a railroad's workers might be staying for business purposes. An experienced attorney for railroads can assist an injured railroad worker obtain the full amount of benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured on the job, injury on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits such as cash payouts and medical coverage. However, they are different in some important ways.

Unlike workers' compensation, which allows workers to file without proving their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law which caused their injuries. 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 since proof of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a group of their colleagues rather than the administrative authority who oversees workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be granted to an injured worker while workers compensation claims limit damages in accordance with a set schedule.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you know has been injured on the job as a railroad worker it is essential to speak with a professional FELA attorneys.

To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to help you pursue the maximum benefits under FELA. Click here to go to the National Division BLET's site 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 no-cost consultations, and are available by phone or in person to discuss your case. Our lawyers are on a contingent basis, meaning you won't be charged unless we prevail.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injuries claims. In contrast to workers compensation, which provide an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. Workers compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disabilities that is often less than the amount the worker is losing.

The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require a password.

This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney should you require assistance.

Many workers do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order that they receive the most effective representation. A lawyer with experience can help the family of a railway worker who has died or injured in understanding the various types of damages available to them. This will allow the injured worker to get the maximum recovery allowed under FELA. If you're a railroad worker injured while on the job, consult a firm of Designated Legal Counsel.