Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries at work. In contrast to most workers' compensation laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of private and public jobs. FELA differs from workers' compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.

The risk of being injured is a high risk for workers on the railroad This is the reason FELA was adopted in 1908. Congress passed the law to safeguard workers and their families in the event they were injured on the job. To be eligible for compensation under FELA workers must prove that their employer violated a federal statute or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. In contrast to claims for workers' compensation that are typically capped based on the injuries sustained, a FELA can claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living.

Another difference between FELA and workers' compensation is that in order to receive compensation under FELA workers must prove that the employer was at a minimum 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 instance in the event that the worker was told to do something against company policy and they were injured due to the incident, the company could be held 50 percent responsible for their injuries.

Workers' compensation has an earlier filing time for an claim than a FELA case. In a FELA case, the statute of limitations is three years from date of your injury however, in a workers' compensation case the statute of limitation is one year. Therefore, it is important to speak with an FELA lawyer with experience as soon as you can following your injury.

FELA vs. State Law

If a railroad worker gets injured on the job and suffers an injury, they can make a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore the successful FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury to the worker.

The Fela Lawsuit Settlements was enacted in 1908 and is intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were very high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds the workers' compensation laws.

In general the majority of cases, a FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA.

FELA claims are similar to workers' compensation in that they provide the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury due to its negligence or violation the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death, was caused in part or in full by such negligence.

FELA cases have helped improve tort law by establishing precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions requirements. In particular, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that their employees are safe in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may stay while traveling to work. A good railroad attorney can assist a railroad worker get the full benefits that they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

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

Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that caused 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 a workers' compensation claim, because the evidence of negligence has to be provided.

FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, rather than the administrative authority overseeing workers compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers and workers' compensation claims limit damages in accordance with a set schedule.

It is important to know the distinction between these two statutes, especially for railroad employees who are not covered by state workers' compensation laws. They must take their cases to FELA. If you or a loved one has been injured as an employee of a railroad it is essential that you speak with a knowledgeable FELA lawyers.

To learn 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. Click here to visit the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are willing to discuss your situation by phone or in person. Our lawyers work on a contingent basis, meaning you will not be charged until we prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation, which pays an amount fixed, regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits and pain and suffering. Workers compensation, on other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disability that is often less than what a worker has lost.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide is a good place to start your research. It provides links to various online resources available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to be construed as legal advice. You should consult with an attorney should you require additional assistance.

Many workers are unaware that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the differences between the two types of claims so they can receive the most effective representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. The injured worker can receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured while on the job, consult a firm of Designated Legal Counsel.