silicabeetle1
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Workers Compensation Vs Federal Employers Liability If railroad workers suffer injuries at work they are faced with unique legal challenges Railroad employees unlike many workers compensation laws have the right to sue employers in accordance with federal law This is known as the Federal Employers Liability Act In order to prevail in a FELA claim railroad workers must be able to 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 are designed to compensate workers for illnesses or injuries that occur during work these two laws differ in a variety of ways FELA only applies to railroad workers whereas workers compensation is applicable to a broad range of jobs in both the public and private sectors FELA and workers compensation also differ in the way they determine fault how damages are awarded and the manner in which cases are decided FELA was passed due to the risk of injury for railroad workers is extremely high Congress passed the law to safeguard the families of workers in the event that they are injured on the job In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation that pertains to workplace safety 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 that arent covered by compensation including pain and suffering Contrary to claims under workers compensation which are generally limited based on the type of injury sustained FELA is able to claim compensation for noneconomic damages such as emotional distress or loss of enjoyment living The difference between FELA compensation and workers compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at very least partially responsible for the injury If a worker is determined to be at fault for their injuries the amount of damages may be reduced For instance in the event that an employee was directed to do something against company policy and they suffered injuries in the process the company could be held 50 percent responsible for their injuries Workers compensation cases require an earlier time frame to file a claim In the case of a FELA claim the statute of limitations is three years from the date your injury occurred while in a workers comp case it is one year It is therefore crucial to speak with an FELA lawyer experienced in the earliest time you can after the injury FELA vs State Law If a railroad employee gets injured at work he or her may make a claim under the Federal Employers Liability Act or workers compensation In contrast to the workers compensation laws which provide benefits regardless of who was at fault for the injury FELA is a liability statute A successful FELA claim requires proof that the railroad was negligent and that this negligence caused injuries to the worker The FELA legislation which was passed in 1908 is designed to provide compensation for railroad workers who are injured because of the nature of their work Prior to the passing of this law the death and injury rates among railroad employees were extremely high This led to the need offer railroad workers a comprehensive coverage which exceeds workers compensation law A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress FELA claims can be filed in state courts For example an upcoming case in Tennessee Mills v CSX involved a railroad employee who claimed that his employer was responsible under the FELA Similar to workers compensation like workers compensation a FELA claim is a way to provide the injured worker with compensation for lost wages medical expenses and damages for pain and suffering These damages are based upon the fact that the railroad was responsible for the death or injury due to its negligence or a violation of the safety laws like the Locomotive Inspection Act and the Federal Safety Appliance Act Additionally to that a FELA plaintiff must prove that the injury or death was caused in total or in part due to the negligence FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad damages distribution and working condition standards FELA claims particularly have brought federal attention on the issue of the obligation of a nondelegable employer to provide a safe work environment for its employees This includes offsite facilities such as private hotels where a railroads workers might stay while traveling for business reasons An attorney for railroads can assist a railroad worker who has been injured to receive the full benefits he or can claim under FELA FELA in opposition to State Workers Compensation Laws If workers are injured on the job and suffers an injury on the job they can file for workers compensation benefits or sue his employer under FELA While both laws offer similar benefits such as medical coverage financial payments and loss of future earnings they differ in important ways Contrary to workers compensation which allows employees to file without proving their employer was responsible FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that led to their injuries This includes laws like 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 must be provided Additionally FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a panel of their peers not the administrative authority that oversees workers compensation claims Lastly FELA does not put any limit on the amount of damages that can be given to injured workers while workers compensation claims limit damage awards in accordance with a set schedule The difference between these two statutes is crucial to know particularly for railroad employees who are not covered by state laws on workers compensation and have to pursue their cases through FELA If you or someone you love has been injured on the job as a railroad worker it is important to talk with experienced FELA attorneys fela lawyer can help you learn more about the differences between state workers compensation laws and FELA Contact us now to speak with a lawyer Were ready to help you maximize the benefits 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 nocost consultations and are available via phone or in person to discuss your case Our attorneys work on a contingent basis meaning you will not be charged until we succeed FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad workers to sue their employer for injuries Unlike workers compensation which provides the same amount of benefits regardless of who is responsible for the incident FELA cases are decided by juries on the basis of comparative negligence Moreover FELA allows for much larger damage awards In addition to financial compensation FELA provides for medical expenses and lost earnings including future earning capacity death benefits as well as suffering and pain Workers compensation on contrary provides temporary medical care and a set amount of money to cover longterm disability which is usually less than what the worker is losing The FELA law applies to railroads operating in interstate or international commerce and allows injured employees and their family members to file a lawsuit against their employer for any damages resulting from the companys negligence This LibGuide is a good place to begin your research It provides links to various online resources that are available on the Villanova Law Librarys website Some of these resources require a password to access This LibGuide was developed as a study aid for Villanova Law students This guide is not intended to be construed as legal advice Please consult an attorney if you need additional assistance Many people are unaware that FELA offers railroad workers specific protections Although many believe that FELA and state workers compensation laws are the same however they are quite different Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation In the case of an injury a skilled lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim The injured worker can receive the maximum amount of compensation allowed by FELA If youre a railroad employee injured on the job consult an attorney from a firm that is Designated Legal Counsel