Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries on the job, they face unique legal issues. Contrary to the majority of workers insurance laws, railroad workers are able to sue their employers under federal railroad law specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA case, railroad workers need to establish two things. First, the injury must 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. FELA only applies to railroad workers, whereas workers' compensation applies to a broad range of jobs in both the private and public sectors. FELA and workers' compensation also differ in the way they determine the degree of fault and the way in which damages are awarded and where cases are decided.

FELA was enacted because the risk of injury for railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To be eligible for compensation under FELA the worker must show their employer violated the federal law or regulation relating to workplace safety. Examples include violations 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 pain and suffering. In contrast to claims for workers' compensation which are usually limited based on the type of injury sustained, FELA is able to claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living.

The main distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the company was at the minimum partially responsible for the injury. If a worker is found to be responsible for their injury, the amount of their damages may be reduced. If a worker is injured due to being told to violate company policy, and the company was found to be 50% responsible for the incident, then the company could be held 50% responsible.

Workers' compensation cases require an earlier time frame to file an claim. In the case of a FELA case the statute of limitations is three years from the date of your injury, however, in a workers' compensation case the statute of limitations is 1 year. This is why it is crucial to consult a seasoned FELA lawyer as soon as you can after your injury.

FELA vs. State Law

If a worker on the railroad is injured while working and suffers an injury, they can file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. 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 was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, the death and injury rates among railroad employees were extremely high. This led to the need provide railroad workers with complete coverage, which is higher than the workers' compensation laws.

In general the majority of cases, a FELA claim must be filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA.

Similar to workers compensation and workers' compensation, a FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the injury or death was caused in total or in part because of the negligence of the railroad.

FELA cases have benefited tort law by creating precedent for issues such as emotional distress in the railroad, damages distribution and working conditions requirements. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site locations such as private hotels where railroad employees may stay while traveling for business reasons. A good railroad attorney can help an injured railroad worker obtain the full amount of benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured while working then he or she may apply for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However, they are different in important ways.

Unlike workers' comp 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 prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws such as 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 as the evidence of negligence has to be presented.

FELA allows injured railroad workers to have their cases ruled by a panel of their peers, and not the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of damages an injured worker could be awarded, whereas workers' compensation claims do.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love was injured on the job as a railroad employee, it is important to talk with experienced FELA lawyers.

To find out more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. 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 taken 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 over the phone or in person. Our lawyers are on a contingent basis, meaning that you won't be charged unless we prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers liability act fela for injuries. In contrast to workers' compensation which is an amount that is fixed regardless of the fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical care and a set amount of money to cover long-term disability which is usually less than the amount the worker is losing.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be legal advice. If you need more assistance, please consult an attorney.

Many people are unaware that FELA provides railroad employees with special protections. Many people mistakenly believe that FELA is like the state laws governing workers' compensation but they're not. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they can get the most effective representation. A lawyer with experience can help the family of a railway worker who has died or injured in understanding the various types of damages they can claim. The injured person can receive the maximum amount of compensation permitted by FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.