Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured at work. In contrast to most 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 claim railroad workers must prove two things. First the injury must be proven to be the result of their employer's negligence.

Workers' Compensation vs. FELA

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 variety of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide range of private and public jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded and how and when cases are heard.

FELA was passed because the risk of injury for railroad workers is high. Congress passed the law to protect the families of workers in the event of being injured while on the job. In order to be compensated under FELA the worker must show their employer has violated a federal law or regulation relating 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 past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by compensation, such as suffering and pain. In contrast to a workers' compensation claim, which is usually limited to a certain amount based upon the severity of injuries and other injuries, a 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 be eligible for compensation under FELA workers must prove that the company was at least partly responsible for their injury. If a worker is found to be at fault for their injuries, the amount of their damages may be reduced. If a worker is injured because they were instructed to do something against company policy, and the company was found to be 50% responsible for the incident, then the company may be held to be 50% responsible.

Workers' compensation cases have a shorter timeline to submit an claim. In the case of a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' compensation case, it's only one year. Therefore, it is important to consult an FELA lawyer experienced in the earliest time you can after your injury.

FELA Vs. State Law

If a worker on the railroad is injured while working the worker can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. Therefore an effective FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury to the worker.

The FELA, which was passed in 1908, is designed to compensate railroad employees who have been injured because of the nature of their job. Prior to the enactment of this law, injury and death rates among railroad workers were quite high. This sparked the need to provide railroad workers with extensive coverage that is greater than the workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.

FELA claims are similar to workers' compensation in that they compensate for the loss of wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or in violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the injury or death was caused in total or in part due to the negligence of the railroad.

FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that its employees are provided with a safe workplace. This includes off-site facilities like hotels that are private, where railroad workers may be able to stay when on business. The right railroad attorney can assist an injured railroad worker obtain the full benefits to which they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job, injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However, they are different in some important ways.

In contrast to workers' compensation, which allows employees to file a claim without proving that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that caused their injuries. This includes laws like 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 a workers' compensation claim due to the fact that the evidence of negligence must be provided.

In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA also does not limit the amount of compensation an injured worker could receive, whereas workers' compensation claims do.

It is important to know the distinction between these two statutes, particularly for railroad employees who are not covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love has been injured while working as a railroad worker it is crucial to speak with a professional FELA attorneys.

Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us now to speak with an attorney. We're ready to assist you obtain the maximum benefits from FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your situation by phone or in person. Our lawyers work on a contingent basis, meaning that you won't be charged unless we succeed.

FELA against. State Workers' Compensation Statutes

The Federal employers liability act fela' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. Contrary to workers compensation, which provide an amount that is fixed regardless of who was at fault for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disabilities, which is often far lower than what the worker is losing.

The FELA law is applicable to railroads that are involved in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good starting point to research this issue. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to certain resources might require a password.

This LibGuide was developed as a study aid for Villanova Law students. The information contained in this guide should not be taken as legal advice. If you need more assistance, please consult an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state laws on workers' compensation however they aren't. Railroad workers who have been injured should be aware of the distinctions between these two types of claims in order to receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away or the injured employee in understanding the various kinds of damages they can claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railway worker injured on the job, consult an organization of Designated Legal Counsel.