Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

To prevail in a FELA claim, railroad workers must be able to prove two things. The first is that the injury occurred as a result of their employer's negligence.

Workers' Compensation vs. FELA

Workers' compensation and FELA are both designed to compensate 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, while workers' compensation applies to a wide range of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded and the method by which and where cases are heard.

The risk of being injured is high for people working on railroads This is the reason FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event of being injured while on the job. To receive compensation under FELA the worker must prove their employer has violated any federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' comp. Unlike workers' compensation claims, which are generally capped based on the injuries suffered, a FELA is able to claim compensation for non-economic damages that include emotional distress or loss of enjoyment of living.

Another distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injuries. If the injury suffered by a worker is determined to be attributable to them their damages can be reduced. For example, if a worker was instructed to perform a task that was in violation of company policy and were injured due to the incident the company could be held 50 percent accountable for their injuries.

Workers' compensation has a faster timeline for filing claims than the FELA case. In the case of a FELA claim, the statute of limitation is three years from the time your injury occurred, while in a workers' compensation case, it is one year. It is therefore important to consult an FELA lawyer with experience as soon as you can after your injury.

FELA vs. State Law

If a railroad worker is injured at work, he or her may pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of the worker's injuries.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were extremely high. This led to the need for a comprehensive insurance that goes beyond the workers' compensation laws.

In general it is the case that the majority of FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.

Similar to workers' compensation as well, like workers' compensation, a FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that the railroad was responsible for the injury or death due to its negligence or violation a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death, was caused in part or in full by such negligence.

FELA cases have helped improve tort law by setting precedent for issues such as emotional distress on the railroad and damages distribution as well as working conditions standards. In particular, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site places such as private hotels in which railroad workers may be staying for business reasons. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits can claim under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker suffers an injury while working and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However they differ in a number of important ways.

In contrast to workers' compensation which permits employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance act fela. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence must be proven.

Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of peers, not the administrative authority that oversees workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be awarded to an injured worker and workers' compensation claims limit damages in accordance with a set schedule.

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

Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're prepared to assist you pursue the maximum benefits available under FELA. Click here to visit the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in fela Lawsuits (marvelvsdc.faith). We offer free consultations and are available by telephone or in person to discuss your case. Our lawyers are on a contingency basis, meaning you will not be charged until we succeed.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injury claims. In contrast to workers' compensation, which pays an amount fixed, regardless of the fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides 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 fixed amount of money to cover long-term disability that is often less than the amount an individual loses.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to bring lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide is a good starting point to research this issue. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to constitute legal advice. If you require further assistance you should consult an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers special protections to railroad workers. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws, but they are not. Injured railroad workers must be aware of the differences between these two types of claims in order to obtain the best possible representation. A qualified lawyer can assist the family of a railroad worker who has passed away, or injured understanding the different types damages that they are entitled to. This will enable the injured person to obtain the maximum recovery allowed under FELA. If you are a railroad worker who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for guidance.