Workers’ compensation and the Federal Employers Liability Act (FELA) are two important pieces of legislation that protect employees in the United States. However, many people don’t know the difference between the two. In this blog post, we will discuss the key points of each law and help you determine which one is best for your needs.
What is Workers’ Compensation
Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill as a result of an accident on the job. Benefits can include medical expenses, income replacement, and death benefits. Workers’ compensation is typically mandatory in most jurisdictions, meaning employers must provide coverage for their employees. In some cases, employees may be able to elect not to participate in the workers’ compensation system, but this is generally only allowed if the employee has alternative insurance coverage. Workers’ compensation helps to ensure that employees who are injured on the job are able to receive the benefits they need without having to sue their employer. As a result, it helps to protect both employees and employers.
What is the Federal Employers Liability Act
The Federal Employers Liability Act, or FELA, is a federal law that provides compensation to railroad workers who are injured on the job. Railroads are a particularly dangerous workplace, and FELA was enacted in order to protect workers from being taken advantage of by their employers. Under FELA, injured workers are entitled to receive damages for their injuries, including lost wages and medical expenses. In addition, FELA protects workers from retaliation by their employers if they report an injury. If you are a railroad worker who has been injured on the job, you may be entitled to compensation under FELA.
FELA was enacted in 1908 to protect and compensate railroad workers injured on the job. Between 1889 and 1920, there was a massive expansion in the U.S. for railroad use, and the expansion came with an increase of dangers experienced by railroad workers—including loss of limb and death. FELA was enacted by Congress as a way to reduce injuries and deaths resulting from accidents on interstate railroads so that workers could be better protected.
“The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.”
–Justice William Douglas, U.S. Supreme Court
FELA was designed not only to discourage negligent conduct but also to provide liberal recovery for injured workers and to shift to the railroad industry as part of the risks inherent in dangerous railway work.
If you or a loved one have been seriously injured in a train accident while employed as a railroad worker, it is important that you understand your legal right to receive compensation for those injuries under FELA. You can also read about what to do if you are injured during a railroad accident.
The Key Points of Each Law
Workers’ compensation and the Federal Employers Liability Act (FELA) are both designed to protect workers who are injured on the job. However, there are some key differences between the two laws. Workers’ compensation is a state-mandated program that provides benefits to workers who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits. FELA, on the other hand, is a federal law that applies to railroads and other employers who are engaged in interstate commerce. FELA provides workers with the right to sue their employer for negligence if they are injured on the job. As such, workers who are covered by FELA may be entitled to greater damages than those who are covered by workers’ compensation.
How to Determine Which Law is Best for You
The workers’ compensation system is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. Workers’ compensation pays for medical expenses and, in some cases, lost wages. The Federal Employers Liability Act (FELA) is a federal law that provides protections for railroad workers who are injured on the job. FELA covers a wide range of injuries, including those caused by repetitive motion, chemical exposure, and hazards on the tracks. FELA also provides for lost wages and medical expenses. So, which law is best for you? If you are injured on the job, your employer is required to provide workers’ compensation coverage. However, if you work for a railroad or another employer who is engaged in interstate commerce, you may be covered by FELA. If you have any questions about which law applies to you, please contact an experienced railroad accident lawyer at Morrow & Sheppard LLP.