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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured on the job. Unlike most workers insurance laws, railroad employees are able 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, they must prove that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

Workers comp and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However they differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines fault, how damages are awarded, and where and how cases are decided.

The risk of being injured is very high for those working on the railroad This is the reason FELA was adopted in 1908. Congress passed the law to safeguard family members and employees in the event of being injured on the job. To be eligible for compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation relating to safety in the workplace. 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. Contrary to a workers' comp claim, which is typically restricted to a maximum amount based on the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

The main distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker has to prove that the company was at the least partially responsible for the injury. If an injury suffered by a worker is determined to be attributable to them their damages can be reduced. If a worker gets hurt because they were instructed to do something against company policy and the company was found to be 50% responsible, for example, then the company could be held to be 50% responsible.

Workers' compensation cases require a shorter timeline to file claims. In a FELA case the statute of limitation is 3 years from the date of your injury however, in the case of workers' compensation the statute of limitation is one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.

FELA in vs. State Law

When a railroad worker is injured while working the worker can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury of the worker.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad employees were very high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws.

In general, a FELA claim is filed in federal employers’ liability act court since the FELA is a federal law. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA.

FELA claims are similar to workers compensation claims in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the death or injury was caused in whole or in part by the negligence.

FELA cases have helped improve tort law by establishing precedent for issues such as railroad emotional distress, damages distribution and working conditions requirements. Particularly, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that their employees are provided with a safe workplace. This includes off-site facilities such as private hotels where a railroad's workers might be staying to work. A railroad attorney can help those who have been injured to receive the full benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured while working and suffers an injury on the job, they can file for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments and loss of future earnings, they differ in important ways.

Contrary to workers' compensation which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal safety law which caused their injuries. 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 due to the fact that the evidence of negligence has to be proven.

In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and get their case decided by a panel of their peers, not the authority in charge of administrative matters that manage workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers while workers compensation claims limit damage awards according to a pre-determined timetable.

It is essential to understand the distinction between these two statutes, especially for railroad workers who aren't covered under state laws on workers' compensation. They must pursue their cases under FELA. If you or someone close to you was injured as an employee of a railroad it is essential to speak with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We're here to help you receive the best benefits under FELA. Click here to visit the National Division BLET's website to find 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 telephone or in person. Our lawyers also work on a contingency basis that means you won't pay until we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers over injuries claims. In contrast to workers' compensation, which provides an amount that is fixed regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with pain and suffering. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often is not enough to cover a worker's true losses.

The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their families to file a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point to begin your research. It provides links to various online resources available on the Villanova Law Library's website. Access to some of these resources might require a password.

This LibGuide was developed as a study aid to Villanova Law students. The information contained in this guide should not be taken as legal advice. You should consult with an attorney should you require additional assistance.

Many workers do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are alike, they are very different. 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 best 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 that are available to their claim. This will enable the injured person to receive the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, consult a firm of Designated Legal Counsel.