Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury was the result of the negligence of their employer.

FELA vs. Workers' Compensation

Workers' compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However, they differ in a couple of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a wide variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and how and where the cases are decided.

The risk of injury is high for people working on railroads, which is why Fela Attorney Consultation was adopted in 1908. Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated the federal law or regulation that pertains 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. Contrary to a workers' comp claim, which is generally capped at an amount based on injuries and other injuries, an FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.

Another distinction between FELA and workers' compensation is that to get compensation under FELA the worker must prove that the employer was at least partly responsible for their injuries. If a worker's injury is determined to be the fault of the company their damages can be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and suffered injuries due to the incident the company could be held 50% responsible for their injuries.

Workers' compensation requires an earlier filing time for a claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, whereas in a workers' compensation case, it's one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA Vs. State Law

If a railroad employee is injured at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus the successful FELA claim requires proof that the railroad was negligent and that such negligence was responsible for causing the worker's injury.

The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad workers were very high. This led to the need for comprehensive coverage that went beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.

FELA claims are similar to workers compensation claims in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was accountable 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. Additionally the FELA plaintiff must prove that the injury or death was caused in total or in part due to such negligence.

FELA cases improved tort law by establishing of precedents in areas such as emotional distress in the railroad and damages allocation as well as working conditions standards. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that its workers are safe in their workplace. This includes off-site facilities such as private hotels where a railroad's workers might stay to work. An experienced attorney for railroads can assist an injured railroad worker receive the full benefits that he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured while working, he or she can claim workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However they differ in some important ways.

Unlike workers' comp, which allows employees claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of peers rather than the administrative authority that oversees workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that can be given to injured workers and workers' compensation claims limit damages according to a pre-determined timetable.

It is essential to understand the difference between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. They are required to take their cases to FELA. If you or someone you love has been injured on the job as a railroad worker, it is essential to speak with a professional FELA attorneys.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We are ready to help you obtain the maximum benefits from FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via phone or in person to discuss your case. Our attorneys are on a contingent basis, mdfarm.hubweb.net which means that you will not be charged until we succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which is a fixed amount regardless of the fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as pain and suffering. Workers' compensation, on the contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability which is usually lower than what the worker is losing.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a good starting point to research this issue. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide is intended as an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. If you require more help you should consult an attorney.

Many people do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers who have been injured must be aware of the distinctions between these two types of claims to get the best representation. A lawyer with experience can help the family of a railway worker who has died or injured in understanding the different types damages available to them. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railroad employee injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.