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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries while on the job. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To win a FELA claim railroad workers must prove two things. First the injury must be proven to be the result of the negligence of their employer.

FELA vs. Workers' Compensation

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

FELA was passed due to the danger of injury for railroad workers is very high. Congress passed the law to protect family members and employees in the event they were injured while on the job. In order to receive compensation under FELA, the worker must prove that their employer has violated any federal law or regulation that relates to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Unlike a workers' compensation claim, which is usually limited to a certain amount based on the severity of injuries and other injuries, a FELA claim may seek to recover 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 show that the company was at least partly responsible for their injury. If the injury suffered by a worker is determined to be attributable to them the damages they suffer could be reduced. If a worker is injured because they were instructed to violate company policy, and the company was found to be 50% accountable for instance, the company may be held at 50% accountable.

Workers' compensation is a faster timeline for filing a claim than the FELA case. In the case of a FELA claim, the statute of limitation is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore crucial to consult a FELA lawyer with experience as soon as you can after the injury.

FELA in vs. State Law

If a railroad worker gets injured on the job, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires evidence that the railroad was negligent and that the negligence played a role in the injury to the worker.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need for a comprehensive insurance that went beyond workers' compensation laws.

In general the majority of cases, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.

FELA claims are similar to workers compensation in that they cover the loss of wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death, was caused in part or in totality due to the negligence.

FELA cases have benefited tort law by establishing precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. FELA claims, in particular, have brought federal attention to the issue of a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site locations like hotels that private parties use where a railroad's workers might be staying to work. A good railroad attorney can assist a railroad worker get the full benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury while on the job or at work, they may seek workers' compensation or sue their employer under FELA. Both laws offer similar benefits, such as medical coverage, monetary payouts and loss of future earnings however, they differ in significant ways.

In contrast to workers' compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that led to their injuries. This includes laws such as the Occupational Safety and Health Administration 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 presented.

FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, rather than the authority that oversees administrative workers compensation claims. FELA does not also limit the amount of compensation an injured worker may receive, while workers' compensation claims do.

It is essential to understand the distinction between these two laws, especially for railroad workers who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad worker, it is important to talk with a professional FELA attorneys.

Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're prepared to assist you pursue the maximum benefits available under FELA. To find fela lawyers Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your situation by phone or in person. Our attorneys also work on a contingency basis, which means 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 right to sue their employers for injury claims. In contrast to workers' compensation which provides an amount that is fixed regardless of the cause, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses and lost wages (including future earning potential) and death benefits along with suffering and pain. Workers compensation, on the contrary, provides temporary medical care and a predetermined amount of money to cover long-term disability which is usually less than what a worker has lost.

The FELA law applies to railroads that participate in interstate or global commerce. It allows injured employees, as well as their families to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a great place to begin your research. The LibGuide includes links to online resources on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is intended as an aid to study for Villanova law students. The information contained in this guide should not be taken as legal advice. If you need more assistance you should consult an attorney.

Many workers do not realize that FELA is a unique piece of legislation that provides 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 distinctions between the two types of claims in order they can receive the best representation. A skilled lawyer can assist the family of a railway worker who has died or injured understanding the various types of damages available to them. The injured person will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.