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Workers Compensation Vs Federal Employers? Liability

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

To prevail in a FELA claim, railroad workers must demonstrate two things. First the injury must be proven to be the result of the negligence of their employer.

FELA vs. Workers' Compensation

Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However they differ in couple of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in both the public and private sectors. FELA and workers' compensation are also different in terms of who determines fault, how damages are awarded, and where and how cases are handled.

FELA was enacted because the risk of injury for railroad workers is high. Congress passed this law to protect workers, their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA the worker must prove the employer violated any federal law or regulation related to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. Contrary to a workers' comp claim, which is typically capped at an amount based on the severity of injuries and other injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker has to prove that the company was at the least partially responsible for the injury. If a worker is determined to be at fault for their injury the amount of injuries could be reduced. For instance when the worker was told to perform a task that was not in line with company policy and were hurt due to the incident the company could be held 50 percent responsible for their injuries.

Workers' compensation is an earlier filing time for an claim than the FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury however, in a workers' compensation case, the statute of limitations is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury.





FELA Vs. State Law

If a railroad worker gets injured on the job, he or she may submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused injuries to the worker.

The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have been injured because of the nature of their work. Prior to the passage of this law, railroad employee deaths and injuries were high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. For example 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 as well, the FELA claim provides the injured worker with compensation for lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the fact that the railroad was accountable for the injury or death due to its negligence or a violation of a safety statute 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 helped improve tort law by creating precedent for issues such as emotional distress in the railroad, damages distribution and working conditions standards. In particular, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site locations such as private hotels, where railroad workers may be able to stay when on business. A good railroad attorney can assist a railroad worker obtain the full benefits that he or she is entitled 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. Although both laws provide similar benefits, like medical coverage, monetary payouts, and future earnings loss however, they differ in significant ways.

Contrary 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 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 as evidence of negligence is required.

FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, rather than the authority that oversees administrative 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 in accordance with a set schedule.

The difference between these two statutes is important 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 love has been injured on the job as a railroad worker it is crucial to speak with a professional FELA attorneys.

Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with an attorney. We're ready to help you maximize the benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your case by telephone or in person. Our lawyers also operate on a contingency fee that means you won't pay until we are successful in settling your case.

FELA vs. fela settlements allows railroad workers to sue their employer for injuries. Unlike workers' comp which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover the true costs of a worker.

The FELA law is applicable to railroads involved in interstate or global commerce. It allows injured employees and their families, to sue their employers for damages directly resulting from the company's negligence. This LibGuide offers a base to research this issue. The LibGuide contains links to online resources on the Villanova Law Library website. Access to certain resources might require a password.

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

Many workers are unaware that FELA provides railroad employees with specialized protections. Although many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers injured in an accident must be aware of the differences between these two types of claims in order to get the best representation. A skilled lawyer can assist the family of a railroad worker who has died or injured understanding the various kinds of damages they can claim. This will enable the injured worker to get the maximum amount of compensation under FELA. If you are a railroad worker who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for guidance.