5 Clarifications Regarding Federal Employers

fela lawyers ? Liability When railroad workers are injured at work, they are faced with unique legal issues. Contrary to the majority of workers insurance laws, railroad workers are able 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, that the injury was the result of negligence by their employer. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However, they differ in a few ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of jobs in both the public and private sectors. FELA and workers' compensation also differ in terms of who determines the fault and how damages are determined and where cases are decided. FELA was passed because the danger of injury for railroad workers is very high. Congress passed the law to protect the families of workers in the event of being injured on the job. In order to be compensated under FELA the worker must prove their employer violated a federal law or regulation that relates to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. FELA also offers compensation for pain and suffering, which are not covered by workers' comp. Contrary to a workers' comp claim, which is generally limited to a certain amount based on the severity of injuries and other injuries, a FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must prove that the company was at very least partially responsible for the injury. If a worker is found to be at fault for their injuries the amount of injuries could be reduced. If a worker gets hurt because they were told to follow company policy and the company is held 50% accountable, for example, then the company could be held at 50% accountable. Workers' compensation cases have shorter timeframes to submit claims. In the case of a FELA case the statute of limitation is three years from date of your injury when in the case of workers' compensation the statute of limitations is one year. This is why it is important to speak with an experienced FELA lawyer as soon as you can after your injury. FELA in vs. State Law If a railroad employee gets injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. Therefore, a successful FELA claim requires proof 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 was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were extremely high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws. In general the majority of cases, the majority of FELA claim is filed in 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 was an employee of a railroad who claimed that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation claims in that they cover lost wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury because of its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death, was caused in part or in totality due to the negligence. FELA cases have improved tort law by setting precedents for issues like emotional distress in the railroad as well as damages distribution and working condition standards. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site facilities like hotels that are private, which railroad employees may be able to stay when on business. An attorney for railroads can assist a railroad worker who has been injured to receive the full benefits he or is entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured on the job, injury while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits like financial compensation and medical coverage. However they differ in a number of important ways. In contrast to workers' compensation which permits employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that caused their injury. 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 evidence of negligence must be proven. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial, and be ruled on by a group of colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. In addition, FELA does not put an upper limit on the amount of damages that can be given to injured workers, while workers compensation claims limit damage awards based on a pre-determined schedule. It is crucial to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone close to you has been injured as a railroad employee it is crucial to consult with a professional FELA lawyers. Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We are ready to help you receive the best benefits from FELA. Click here to go to the National Division BLET's site to find a certified 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 able to discuss your case by telephone or in person. Our attorneys are on a contingency basis, meaning that you won't be charged unless we succeed. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. Contrary to workers compensation, which offers the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on 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) as well as death benefits as well as pain and suffering. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually falls far short of covering the true costs of a worker. The FELA law applies to railroads operating in international or interstate commerce, and it allows injured employees and their families to bring lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide is a good starting point to start your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to some of these resources might require the use of a password. This LibGuide is designed to be an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. You should consult with an attorney should you require assistance. Many workers are unaware that FELA is a unique piece of legislation that grants specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are alike however, they are quite different. Injured railroad workers need to be aware of the distinctions between the two types of claims in order that they receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has died or the injured employee in understanding the different types damages they can claim. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.