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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries while on the job. Unlike 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 case, railroad workers need to prove two things. First, the injury must be the result of the negligence of their employer.

FELA Vs. Workers' Compensation

While workers' compensation and FELA both seek to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a broad range of jobs in the public and private sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and where cases are heard.

FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed the law to protect family members and employees in the event of being injured while on the job. In order to be compensated under FELA the worker must prove that their employer has violated a federal statute or regulation that relates to safety in the workplace. Examples include a violation 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. Contrary to a workers' comp claim, which is usually limited to a certain amount based on the severity of injuries however, the FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.

A difference between FELA compensation and workers compensation is that in order to receive compensation under fela claims railroad employees the worker must prove that the company was at the very least partially responsible for the injury. If an injury suffered by a worker is found to be the fault of the company their damages can be reduced. If a worker is injured due to being told to follow company policy, and the company was found to be 50% responsible for the incident, then the company could be held to be 50% responsible.

Workers' compensation cases have an earlier time frame to submit a claim. 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 case the statute of limitation is one year. This is why it is important to contact an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job and suffers an injury, they can file a claim under workers' compensation or the Federal Employers Liability Act (fela railroad settlements). Contrary to workers' compensation laws which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of injuries to the worker.

The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad employees were extremely high. This sparked the need to provide railroad workers with extensive coverage that is greater than the workers' compensation laws.

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

Similar to workers compensation as well, a FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and damages for pain and suffering. These damages are based on the notion that a railroad was 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. Additionally to that, a FELA claimant must prove that the death or injury was caused in total or in part due to the negligence of the railroad.

FELA cases have helped improve tort law by creating precedent for issues such as railroad emotional distress and damages distribution as well as working condition standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are safe in their workplace. This includes off-site places like private hotels where railroad employees can stay when traveling for business. An attorney for railroads can assist those who have suffered injuries to obtain the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an 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, including medical coverage, financial payouts and loss of future earnings however, they differ in significant ways.

Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that evidence of negligence must be proven.

FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, and not the authority that oversees administrative workers compensation claims. Lastly, FELA does not put an upper limit on the amount of damages that can be granted to an injured worker while workers' compensation claims limit damages in accordance with a set schedule.

It is important to know the difference between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone close to you has been injured as an employee of a railroad, it is important to speak with experienced FELA lawyers.

To find out more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're prepared to assist you get the most benefits available under FELA. Click here to go to the National Division BLET's website to locate a certified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our lawyers are on a contingency basis, meaning that you will not be charged unless you succeed.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. Contrary to workers' compensation which is an amount that is fixed regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses and lost wages (including future earning potential), death benefits, along with suffering and pain. Workers compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities that is often lower than what the worker is losing.

The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide offers a base for research on this topic. It provides links to various online resources available on the Villanova Law Library's website. Access to some of these resources may require an account password.

This LibGuide is designed to be an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. If you require further assistance seek advice from an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers specific protections to railroad employees. Although many believe that FELA and state workers' compensation laws are alike however, they are quite different. Injured railroad workers should be familiar with the distinctions between these two types of claims in order to get the best representation. A qualified lawyer can assist the family of a railway worker who has passed away or injured understanding the various types 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, you should consult a firm of Designated Legal Counsel.