saucenephew9
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Workers Compensation Vs Federal Employers Liability Railroad workers face unique legal hurdles when they are injured on the job In contrast to most workers compensation laws railroad workers have the right 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 be able to prove two things First the injury must be proven to have been caused by their employers negligence FELA vs Workers Compensation While workers compensation and FELA both seek to compensate employees for illnesses or injuries that occur during work these two laws differ in a variety of ways FELA is only applicable to railroad workers whereas workers compensation applies to a wide variety of jobs in both the private and public sectors FELA and workers compensation differ in terms of who determines the degree of fault how damages are awarded and the manner in which cases are tried FELA was passed due to the risk of injury to railroad workers is high Congress passed the law to safeguard the families of workers in the event they were injured while working To receive compensation under FELA the worker must prove their employer has violated a federal law or regulation that relates to workplace safety Examples include a violation of the Safety Appliance Act Boiler Inspection Act and Power Brake Law FELA also offers compensation for pain and suffering which are not covered by workers compensation In contrast to a workers compensation claim which is usually restricted to a maximum amount based on injuries and other injuries the FELA claim can seek compensation for noneconomic damages such as emotional distress and loss of enjoyment of life Another difference between FELA and workers compensation is that in order to receive compensation under FELA workers must show that the company was at least partly responsible for their injuries If a worker is determined to be at fault for their injury the amount of their damages may be reduced If a worker gets hurt due to being told to do something against company policy and the company was held 50 responsible for example then the company may be held at 50 accountable Workers compensation requires an earlier filing time for an claim than a FELA case In a FELA claim the statute is three years from when the injury occurred but in a workers compensation case it is one year This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury FELA in vs State Law When a railroad worker is injured while working and suffers an injury they can file a claim under workers compensation or the Federal Employers Liability Act FELA In contrast to workers compensation statutes which offer benefits regardless of fault FELA is a statute of liability Thus the successful FELA claim requires evidence that the railroad was negligent and that such negligence was responsible for the injury to the worker The FELA law which was enacted in 1908 is designed to provide compensation for railroad workers 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 coverage that goes beyond the workers compensation laws A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress FELA claims can be filed in state courts In a recent case from Tennessee Mills v CSX involved a railroad worker who claimed that his employer was liable for FELA FELA claims are similar to claims for workers compensation in that they cover lost wages medical costs and pain and suffering damages These damages are based on the notion that a railroad was responsible for the injury or death because of its negligence or in violation of a safety law like the Locomotive Inspection Act or the Federal Safety Appliance Act A FELA claimant must also prove that the injury or death was caused in part or completely due to such negligence FELA cases have improved tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards In particular FELA claims have brought federal attention to the employers nondelegable obligation to ensure that its employees are protected in their workplace This includes offsite facilities like private hotels where railroad employees can stay when traveling for business The right railroad attorney can assist a railroad worker receive the full amount of benefits to which he or she is entitled under FELA FELA Vs State Workers Compensation Laws If a worker sustains an injury while working they may file for workers compensation or sue their employer under FELA While both laws offer similar benefits like medical coverage monetary payments and future earnings loss however they differ in significant ways Contrary to workers compensation which allows employees to file without having to prove that their employer was responsible FELA requires the injured railroad employee 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 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 Additionally FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a group of peers not the authority in charge of administrative matters that manage workers compensation claims Lastly FELA does not put a cap on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damages based on a predetermined 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 have to pursue their cases through FELA If you or someone you know was injured on the job as a railroad worker it is essential to speak with experienced FELA lawyers Grossman Law Offices can help you understand the differences between state laws on workers compensation and FELA Contact us today to speak to an attorney Were prepared to assist you maximize the benefits available under FELA Click here to go to the National Division BLETs website to find a qualified Designated legal Counsel DLC The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits We offer free consultations and are available by phone or in person to discuss your case Our attorneys also operate on a contingency basis which means you dont pay unless we win your case FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad employees 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 decided by juries on the basis of the concept of comparative negligence Moreover fela lawsuits allows for much larger damage awards FELA also covers medical expenses as well as lost wages including future earning potential and death benefits along with pain and suffering Workers compensation on the contrary provides temporary medical treatment and a fixed amount of money to cover longterm disabilities which is usually lower than what the worker is losing The FELA law applies to railroads that are involved in global or interstate commerce It permits injured employees and their families to sue their employers for damages directly caused by the companys negligence This LibGuide is a great place to start your research The LibGuide provides links to online resources available on the Villanova Law Library website Access to some of these resources might require an account password This LibGuide was developed as a study aid to Villanova Law students Nothing in this guide should be construed as legal advice Please consult an attorney if you require assistance Many workers do not realize that FELA is a distinct piece of legislation that grants special protections to railroad workers 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 differences between the two types of claims in order that they can get the best representation In the event of an injury a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad employee to comprehend the various types of damages that they can claim in 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 contact an Designated Legal Counsel DLC firm for guidance