Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured 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 must prove two things. First the injury must be the result of the negligence of their employer.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However, they differ in a couple of ways. In particular, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of private and public sector jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, and how much damages are awarded and how and where the cases are decided.

The risk of being injured is a high risk for workers on the railroad This is the reason FELA was enacted in 1908. Congress passed the law to protect family members and employees in the event they were injured on the job. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation relating to safety in the workplace. 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 treatment, FELA provides for damages that aren't covered by workers compensation, such as pain and suffering. In contrast to claims for workers' compensation, which are generally restricted based on the injury sustained, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living.

The distinction between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their injuries could be reduced. For instance in the event that a worker was instructed to do something that was not in line with company policy and were hurt due to the incident the company could be held 50 percent accountable for their injuries.

Workers' compensation is an earlier timeframe for filing a claim than a FELA case. In the case of a FELA claim, the statute is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore crucial to contact an FELA lawyer with experience as soon as you can after the injury.

FELA in vs. State Law

If a railroad employee gets injured while at work the employee can make a claim under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus the successful FELA claim requires evidence that the railroad was negligent and that such negligence was responsible for causing the worker's injury.

The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have suffered injuries due to the nature of their job. Prior to the enactment of this law, death and injury rates among railroad workers were quite high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation law.

In general it is the case that a FELA claim must be filed in a federal employers’ liability act court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA.

Like workers' compensation, a FELA claim compensates the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based upon the fact that the railroad was liable for the injury or death due to its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the 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 improved tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may stay while traveling to work. Railroad attorneys can help those who have suffered injuries to obtain the full benefits he or can claim under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured on the job, he or she can apply for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, financial payments, and future earnings loss, they differ in important ways.

Contrary to workers' compensation which allows employees to file a claim without proving that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. This includes laws like 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 as the evidence of negligence has to be presented.

FELA allows injured railroad workers to have their cases ruled by a group consisting of their peers, and not the authority that oversees administrative workers compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damages according to a pre-determined timetable.

It is essential to understand the distinction between these two statutes, especially for railroad employees who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you love was injured while working as a railroad employee, it is important to talk with experienced FELA lawyers.

To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you receive the best benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency basis, which means you don't pay until we are successful in settling your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. In contrast 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 as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disabilities which is usually lower than what an individual loses.

The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their families to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a good place to start your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide is designed to be an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. You should consult with an attorney if you need additional assistance.

Many workers are unaware that FELA offers railroad workers special protections. Many people believe that FELA is comparable to state laws on workers' compensation, but they are not. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they can get the most effective representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad employee 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 are a railroad employee who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.