Workers Compensation Vs federal employers’ liability Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries on the job. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To win a FELA case, railroad workers need to demonstrate two things. First the injury must be caused by the negligence of their employer.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However, they differ in a few ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a variety of jobs in both the public and private sectors. FELA and workers' compensation also differ in terms of who determines the fault and the way in which damages are awarded and the manner in which cases are handled.

The risk of being injured is high for people working on the railroad, which is why FELA was passed in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured on the job. To be eligible for compensation under FELA the worker must prove that their employer violated a federal employers’ law or regulation related to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

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

The main difference between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If a worker is determined to be at fault for their injuries the amount of injuries could be reduced. If a worker gets hurt because they were instructed to violate company policy and the company is held 50% accountable for the incident, then the company could be held at 50% accountable.

Workers' compensation has an earlier filing time for a claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, while in a workers' comp case, it is one year. This is why it is important to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA vs. State Law

If a railroad employee gets injured while working and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of injuries to the worker.

The FELA was passed in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the passing of this law, injury and death rates among railroad employees were quite high. This led to the need provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws.

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

Similar to workers' compensation, the FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury because of its negligence or a violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have improved tort law by creating precedents for issues like emotional distress in the railroad and damages distribution as well as working conditions requirements. FELA claims specifically have drawn national attention on the issue of an employer's obligation to provide a safe and secure work environment for its employees. This includes off-site places such as hotels owned by private individuals where railroad employees may be staying to work. An experienced attorney for railroads can assist an injured railroad worker obtain the full benefits to which he or she is entitled under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payouts and loss of future earnings however, they differ in significant ways.

Unlike workers' compensation, which allows employees to file without proving that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of colleagues rather than the administrative authority who oversees workers compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker while workers' compensation claims limit damages based on a pre-determined schedule.

The difference between these two statutes is important to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone close to you was injured as an employee of a railroad it is crucial to speak with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're here to help you obtain the maximum benefits from FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case by telephone or in person. Our attorneys are on a contingent basis, which means that you will not be charged until we win.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer 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 based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their families to file a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide offers a base for research on this topic. The LibGuide provides links to online resources available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. If you need more assistance seek advice from an attorney.

Many people 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 like 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 so they can receive the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured in understanding the various kinds of damages available to them. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for advice.