Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured while on the job. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To prevail in a FELA case railroad workers must establish two things. The first is that the injury was the result of negligence by their employer.

FELA against. Workers' Compensation

While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded and the method by which and when cases are heard.

FELA was passed because the danger of injury for railroad workers is high. Congress passed this law to protect workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA, the worker must demonstrate that their employer violated the federal law or regulation relating to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Unlike a workers' compensation claim, which is generally capped at an amount based upon the severity of injuries and other injuries, the FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

Another difference between FELA and workers compensation is that to be eligible for compensation under FELA the worker must prove that the company was at least partially responsible for their injury. If a worker is determined to be at fault for their injuries the amount of their damages could be reduced. For instance in the event that a worker was instructed to do something that was not in line with company policy and were hurt due to the incident, the company could be held 50 percent accountable for their injuries.

Workers' compensation requires an earlier filing time for an claim than a FELA case. In the case of a FELA case the statute of limitation is three years from date of your injury while in a workers' compensation claim the statute of limitations is 1 year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured while working, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of fault, FELA is a statute of liability. Consequently, a successful FELA claim requires proof that railroad negligence was at play and that such negligence played a role in the injury to the worker.

The FELA, which was passed in 1908, is designed to compensate railroad employees who are injured because of the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad employees were quite high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws.

In general it is the case that the majority of FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA.

FELA claims are similar to workers' compensation in that they compensate for lost wages, medical costs, and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury because of its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the death or injury was a result of the whole or in part due to the negligence of the railroad.

FELA cases have improved tort law by establishing precedents for issues like emotional distress in the railroad, damages distribution and working conditions requirements. In particular, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site places such as hotels owned by private individuals where a railroad's workers might stay for business reasons. Railroad attorneys can help a railroad worker who has been injured to receive the full amount of benefits can claim under FELA.

FELA in opposition to. State Workers' Compensation Laws

If an employee is injured while on the job then he or she may file for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, cash payments, and future earnings loss but they differ in important ways.

Contrary to workers' compensation which permits employees to file without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim due to the fact that the evidence of negligence has to be presented.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a group of their peers, not the administrative authority who oversees workers' compensation claims. Lastly, FELA does not put a cap on the amount of compensation that could be granted to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule.

It is essential to understand the difference between these two statutes, particularly for railroad workers who aren't covered under state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you know was injured while working as a railroad worker, it is important to talk with a professional FELA lawyers.

To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you get the most benefits available under FELA. Click here to visit the National Division BLET's site to find an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay unless we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation, which provides the same amount of benefits regardless of who was responsible for the accident, 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) and death benefits and pain and suffering. Workers' compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disability which is usually less than what the worker is losing.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to some of these resources may require the use of a password.

This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to provide legal advice. You should consult with an attorney if you require assistance.

Many workers do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. Many people mistakenly believe that FELA is comparable to state workers' compensation laws but they're not. Injured railroad workers should be aware of the distinctions between these two types of claims in order to receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away or the injured employee in understanding the different types damages they can claim. The injured person can receive the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.