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Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most 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 case railroad workers must demonstrate two things. First the injury must be caused by the negligence of their employer.
FELA against. Workers' Compensation
Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation also differ in regards to who decides the fault and how damages are determined and where cases are tried.
FELA was enacted because the risk of injury to railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. To be eligible for compensation under FELA the worker must prove the employer violated a Federal employers’ liability 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.
In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, such as suffering and pain. Contrary to claims under workers' compensation which are usually limited based on the type of injury suffered, a FELA can seek compensation for noneconomic damages like emotional distress or loss of enjoyment of living.
The distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the employer was at minimum partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their damages may be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and suffered injuries as a result, the company could be held 50 percent responsible for their injuries.
Workers' compensation has an earlier filing time for claims than a FELA case. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's one year. It is therefore important to contact a FELA lawyer who has experience as soon as you can after the injury.
FELA in vs. State Law
If a railroad employee is injured at work, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker.
The FELA, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
In general it is the case that 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. For example the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.
FELA claims are similar to workers' compensation in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or in violation of a safety law, like the Locomotive Inspection Act or the federal employers’ 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 improved tort law through the establishment of precedents for issues such emotional distress on the railroad, damages allocation and working conditions standards. FELA claims specifically have sparked national attention to an employer's obligation to provide a safe work environment for its employees. This includes off-site locations like hotels that private parties use where railroad employees may stay for business purposes. The right railroad attorney can assist an injured railroad worker receive the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured while on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, monetary payouts, and future earnings loss, they differ in important ways.
Unlike workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. 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 workers' compensation claims, because the evidence of negligence must be proven.
FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, and not the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do.
The difference between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured while working as a railroad employee, it is crucial to speak with experienced FELA lawyers.
To know more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits under FELA. Click here to visit the National Division BLET's website to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via phone or in person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay unless we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits and pain and suffering. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often does not cover a worker's true losses.
The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to certain resources may require a password.
This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney if you need additional assistance.
Many workers are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state laws on workers' compensation are the same, they are very different. Injured railroad workers should be familiar with the differences between these two types of claims in order to receive the most effective representation. A qualified lawyer can assist the family of a railroad worker who has passed away, or injured in understanding the various types of damages they can claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.
Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most 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 case railroad workers must demonstrate two things. First the injury must be caused by the negligence of their employer.
FELA against. Workers' Compensation
Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation also differ in regards to who decides the fault and how damages are determined and where cases are tried.
FELA was enacted because the risk of injury to railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. To be eligible for compensation under FELA the worker must prove the employer violated a Federal employers’ liability 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.
In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, such as suffering and pain. Contrary to claims under workers' compensation which are usually limited based on the type of injury suffered, a FELA can seek compensation for noneconomic damages like emotional distress or loss of enjoyment of living.
The distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the employer was at minimum partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their damages may be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and suffered injuries as a result, the company could be held 50 percent responsible for their injuries.
Workers' compensation has an earlier filing time for claims than a FELA case. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's one year. It is therefore important to contact a FELA lawyer who has experience as soon as you can after the injury.
FELA in vs. State Law
If a railroad employee is injured at work, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker.
The FELA, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
In general it is the case that 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. For example the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.
FELA claims are similar to workers' compensation in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or in violation of a safety law, like the Locomotive Inspection Act or the federal employers’ 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 improved tort law through the establishment of precedents for issues such emotional distress on the railroad, damages allocation and working conditions standards. FELA claims specifically have sparked national attention to an employer's obligation to provide a safe work environment for its employees. This includes off-site locations like hotels that private parties use where railroad employees may stay for business purposes. The right railroad attorney can assist an injured railroad worker receive the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured while on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, monetary payouts, and future earnings loss, they differ in important ways.
Unlike workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. 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 workers' compensation claims, because the evidence of negligence must be proven.
FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, and not the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do.
The difference between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured while working as a railroad employee, it is crucial to speak with experienced FELA lawyers.
To know more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits under FELA. Click here to visit the National Division BLET's website to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via phone or in person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay unless we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits and pain and suffering. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often does not cover a worker's true losses.
The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to certain resources may require a password.
This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney if you need additional assistance.
Many workers are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state laws on workers' compensation are the same, they are very different. Injured railroad workers should be familiar with the differences between these two types of claims in order to receive the most effective representation. A qualified lawyer can assist the family of a railroad worker who has passed away, or injured in understanding the various types of damages they can claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.