Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured on the job. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA case, railroad workers need to demonstrate two things. First the injury must be proven to have been caused by the negligence of their employer.

FELA vs. Workers' Compensation

While workers' compensation and FELA both seek to compensate employees for work-related injuries or illnesses, these two laws differ in a variety of ways. FELA only applies to railroad workers whereas workers' compensation applies to a wide variety of jobs in both the public and private sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, what damages are awarded, and the manner in which and where the cases are decided.

The risk of injury is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA workers must prove that their employer violated the federal law or regulation that pertains to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for the past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. Contrary to a workers' comp claim, which is usually capped at an amount based upon the severity of injuries, a FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the company was at minimum partially responsible for the injury. If a worker's injury is found to be the fault of the company their damages can be reduced. For instance, if a worker was instructed to do something that was against company policy and they were hurt in the process the company could be held 50 percent accountable for their injuries.

Workers' compensation is an earlier filing time for an claim than a FELA case. In a FELA claim, the statute of limitations is three years from the time the injury occurred, but in a workers' comp case, it's only one year. It is therefore crucial to speak with a FELA lawyer who has experience as soon as you can after your injury.

FELA vs. State Law

If a railroad worker gets injured while working the worker can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of fault, FELA is a statute of liability. Consequently, a successful FELA claim requires evidence that the railroad was negligent and that negligence played a role in the injury of the worker.

The FELA was passed in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad employees were very high. This led to the need for a comprehensive insurance that goes beyond workers' compensation laws.

In general the majority of cases, a FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was liable under the FELA.

Similar to workers' compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with wages lost as well as medical expenses, pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the injury or death due to its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was caused in total or in part due to the negligence of the railroad.

FELA cases improved tort law by establishing of precedents in areas such as emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims, in particular have drawn national attention to a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site places such as hotels owned by private individuals where a railroad's workers might stay for business purposes. The right railroad attorney can assist a railroad worker get the full benefits that they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured while working and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payouts, and future earnings loss, they differ in important ways.

Unlike workers' compensation, which allows workers to file without proving their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as evidence of negligence must be presented.

FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, not the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may be granted to an injured worker while workers compensation claims limit damages in accordance with a set schedule.

The difference between these two statutes is important to understand, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you was injured as a railroad employee it is essential that you speak with a knowledgeable FELA lawyers.

To find out more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're here to help you obtain the maximum benefits from FELA. Click here to visit the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available to discuss your case by phone or in person. Our attorneys also work on a contingency basis which means that you don't pay unless we succeed in your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injuries claims. Contrary to workers compensation, which provide the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Workers compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities which is usually less than the amount an individual loses.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide offers a base for research on this topic. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to certain resources might require an account password.

This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be legal advice. If you require more help seek advice from an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people mistakenly believe that FELA is like state workers' compensation laws but they're not. Injured railroad workers must be aware of the distinctions between these two types of claims to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to comprehend the various types of damages available for their claim. The injured worker will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.