Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with particular legal challenges. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

To win a FELA claim, railroad workers must be able to prove two things. First, 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 work-related injuries or illnesses however, the two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public sector jobs. FELA and workers' compensation are also different in the way they determine fault and how damages are determined and where cases are tried.

The risk of injury is a high risk for workers on the railroad, which is why FELA was enacted in 1908. Congress passed this law to protect workers, their families and themselves in the event of an injury on the job. In order to be compensated under FELA the worker must show their employer violated the federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for pain and suffering, which are not covered by workers' comp. Unlike workers' compensation claims which are usually limited based on the type of injury sustained, FELA can seek compensation for noneconomic damages that include emotional distress or loss of enjoyment of living.

Another distinction between FELA and workers compensation is that to get compensation under FELA workers must prove that the employer was at least partially responsible for their injury. If a worker is determined to be responsible for their injury the amount of their damages could be reduced. For example, if the worker was told to perform a task that was in violation of company policy and were injured as a result the company could be held 50% accountable for their injuries.

Workers' compensation requires an earlier filing time for claims than a FELA case. In the case of a FELA case, the statute of limitations is three years from the date of your injury, while in a workers' compensation claim the statute of limitations is one year. This is the reason it is essential to contact an experienced FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad worker gets injured on the job and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Thus, a successful FELA claim requires evidence that railroad negligence was at play and that negligence played a role in causing the worker's injury.

The FELA, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of the nature of their job. Prior to the passage of this law, death and injury rates among railroad employees were very high. This resulted in the need for a comprehensive coverage that goes beyond the workers' compensation laws.

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

FELA claims are similar to claims for workers compensation claims in that they compensate for lost 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 because of its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must prove that the injury or death was caused in whole or in part because of the negligence of the railroad.

FELA cases have improved tort law by establishing precedent for issues such as railroad emotional distress, damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may stay while traveling for business reasons. Railroad attorneys can help a railroad worker who has been injured receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

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

Unlike workers' comp, which allows employees claim benefits without having to prove 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 led to 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 a workers' compensation claim due to the fact that the evidence of negligence has to be provided.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a group of peers rather than the administrative authority that oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.

The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or a loved one has been injured as a railroad employee it is essential to speak with a professional 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 with an attorney. We are prepared to help you get the most benefits available under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our lawyers work on a contingent basis, which means that you will not be charged until we prevail.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. In contrast to workers compensation, which offers a fixed amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries based on 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 as well as suffering and pain. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually does not cover a worker's true losses.

The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a great place to start your research. It includes links to various online resources available on the Villanova Law Library's website. Access to certain resources might require the use of a password.

This LibGuide was developed as a study aid for Villanova Law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney if you need assistance.

Many workers are unaware that FELA offers railroad workers special protections. Many people are mistakenly thinking that FELA is comparable to the state laws governing workers' compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they receive the most effective representation. In the event of an injury, a qualified lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. This will enable the injured worker to get the maximum recovery allowed under FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.