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Where Can You Find The Best Federal Employers Information?
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face particular legal challenges. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To prevail in a FELA case railroad workers must prove two things. The first is that the injury was the result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work However, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public sector jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, what damages are awarded and how and where the cases are decided.


FELA was passed 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 injury while working. In order to receive compensation under FELA the worker must prove that their employer violated a federal statute or regulation that pertains to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. In contrast to claims for workers' compensation, which are generally restricted based on the injury sustained, a FELA is able to seek compensation for noneconomic damages like emotional distress or loss of enjoyment of living.

The distinction between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must show that the company was at the 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. If a worker is injured because they were instructed to violate company policy and the company was held 50% responsible, for example, then the company may be held to be 50% responsible.

Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it is one year. It is therefore important to contact an FELA lawyer who has experience as soon as you can after your injury.

FELA vs. State Law

If a worker on the railroad is injured while working, he or she may file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to causing the worker's injury.

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

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA.

Like workers compensation, the FELA claim is a way to provide the injured worker with compensation for lost wages as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death due to its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must show that the injury or death was caused in total or in part by the negligence.

FELA cases improved tort law through the establishment of precedents for issues like emotional distress in the railroad and damages allocation, as well as working conditions standards. FELA claims specifically have drawn national attention to the issue of the obligation of a non-delegable employer to provide a safe working environment for its employees. This includes off-site facilities such as private hotels, where railroad workers may stay while on business. Railroad attorneys can help a railroad worker who has been injured to receive the full amount of benefits is entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker sustains an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits such as medical coverage and monetary payouts. However, they are different in a number of important ways.

In contrast to workers' compensation, 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 did not comply with a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be given to injured workers and workers compensation claims limit damages in accordance with a set schedule.

It is crucial to understand the distinction between these two statutes, especially for railroad workers who aren't covered under state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone you know has been injured while working as a railroad employee, it is essential to speak with a professional FELA attorneys.

Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are ready to help you receive the best benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your situation by phone or in person. Our attorneys also operate on a contingency fee that means you won't pay until we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential) as well as death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads involved in international or global trade. It allows injured employees and their families, to sue their employer for damages directly caused by the negligence of the company. This LibGuide is a good starting point for further research on this subject. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. If you require more help seek advice from an attorney.

fela attorneys are unaware that FELA provides railroad employees with special protections. 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 kinds of claims to ensure they can receive the best representation. In the event of an injury, a qualified lawyer can assist the injured employee or the 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 recovery allowed under FELA. If you are a railroad worker who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.

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