Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they are faced with unique legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA claim, railroad workers must demonstrate two things. First, that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate workers for injuries or illnesses that result from their work, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of public and private jobs. 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 cases are heard.

The risk of being injured is very high for those working on the railroad and that's why FELA was adopted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury on the job. To receive compensation under FELA the worker must prove the employer violated the federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based on injuries, the FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

Another difference between FELA and workers compensation is that to get compensation under FELA workers must prove that the company was at least partially responsible for their injury. If the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. If a worker is injured because they were told to violate company policy and the company is held 50% accountable for instance, the company may be held 50% responsible.

Workers' compensation cases require shorter timeframes to file claims. In the case of a FELA case, the statute of limitations is three years from date of your injury however, in the case of workers' compensation, the statute of limitations is 1 year. Therefore, it is important to consult an FELA lawyer with experience as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured while working the worker can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused the injuries suffered by the worker.

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

A FELA lawsuit must be filed in federal courts since 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 employee who claimed that his employer was liable for FELA.

FELA claims are similar to workers compensation claims in that they cover the loss of wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was caused in whole or in part due to the negligence.

FELA cases improved tort law through the establishment 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 national attention to the issue of the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site locations like hotels that private parties use where a railroad's workers might stay to work. Railroad attorneys can help those who have been injured receive the full amount of benefits can claim under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured on the job and suffers an injury on the job, they can file for workers' compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However they differ in a number of important ways.

Contrary to workers' compensation which permits employees to claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety rule of the federal employers’ government that caused their injury. 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 workers' compensation claims due to the fact that the evidence of negligence must be presented.

FELA allows injured railroad workers to have their cases ruled by a panel of their peers, and not the authority that oversees administrative workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers while workers' compensation claims limit damage awards according to a pre-determined timetable.

It is important to know the difference between these two statutes, particularly for railroad employees who are not covered by state laws on workers' compensation. They are required to take their cases to FELA. If you or someone close to you has been injured by a railroad employee it is essential that you speak with a knowledgeable 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 to an attorney. We're ready to help you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's 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 to discuss your situation by telephone or in person. Our lawyers also operate on a contingency fee which means that you don't pay until we win your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers for injury claims. Unlike workers' comp which provides an amount fixed, regardless of the cause, FELA cases will be 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 suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which often is not enough to cover the true costs of a worker.

The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their families to file an action against their employer for damages resulting from the negligence of the company. This LibGuide is a good starting point for further research on this subject. The LibGuide includes links to online resources on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide is intended as a study supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. If you require further assistance you should consult an attorney.

Many workers do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people mistakenly believe that FELA is similar to state laws on workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order that they can get the most effective representation. In the event of an injury, a qualified 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. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.