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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured while on the job. Unlike most workers insurance laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

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

FELA against. 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. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range 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 the manner in which and where cases are heard.

The risk of being injured is a high risk for workers on the railroad This is the reason FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event of being injured on the job. To be eligible for compensation under FELA the worker must show their employer has violated a federal law or regulation related to safety in the workplace. 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 income and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. Unlike a workers' compensation claim, which is generally limited to a certain 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 difference between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the company was at least partly responsible for their injury. If a worker is determined to be the cause of their injury the amount of their damages could be reduced. If a worker gets hurt because they were instructed to follow company policy, and the company is held 50% responsible for instance, the company may be held 50% responsible.

Workers' compensation has a faster timeline for filing an claim than a FELA case. In the case of a FELA claim, the statute is three years from when the injury occurred, but in a workers' comp case, it is one year. fela law firm is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.

FELA vs. State Law

When a railroad worker is injured on the job and suffers an injury, they can submit a claim for compensation under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires evidence that railroad negligence was at play and that the negligence played a role in causing the worker's injury.

The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, injury and death rates among railroad workers were extremely high. This led to the need provide railroad workers with comprehensive coverage, which exceeds workers' compensation laws.

In general the majority of cases, a FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was liable under the FELA.

FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical costs as well as pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA claimant must prove that the death or injury was a result of the whole or in part due to the negligence.

FELA cases have benefited tort law by setting precedents for issues like railroad emotional distress and damages distribution as well as working conditions requirements. FELA claims specifically have drawn national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site facilities like hotels that private parties use where a railroad's workers might be staying for business purposes. A railroad attorney can help those who have been injured receive the full benefits he or is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while working and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However, they are different in a number of important ways.

Contrary to workers' compensation which allows employees to file a claim without proving their employer was at fault, 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 as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be provided.

FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, not the administrative authority overseeing workers compensation claims. FELA does not also limit the amount of compensation an injured worker may receive, while workers' compensation claims do.

It is important to know the distinction between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you know was injured on the job as a railroad worker it is important to talk with a professional FELA lawyers.

To learn more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to assist you get the most benefits from FELA. Click here to go to the National Division BLET's website to locate a certified 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 via telephone or in person to discuss your case. Our attorneys also operate on a contingency fee that means you won't pay until we succeed in your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injury claims. Contrary to workers' compensation, which provides the same amount of benefits regardless of who is at fault for the accident, FELA cases are decided 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, lost earnings (including future earning capacity), death benefits, and pain and suffering. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually does not cover a worker's true losses.

The FELA law applies to railroads that participate in international or global trade. It permits injured employees, as well as their families, to sue their employers for damages directly resulting from the company's negligence. This LibGuide is a great place to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access.


This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to be taken as legal advice. Please consult an attorney should you require assistance.

Many workers do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people believe that FELA is comparable to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they receive the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who has been hurt while on the job, call an Designated Legal Counsel (DLC) firm for advice.

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