Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured at work. Contrary to the majority of workers insurance laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To win a FELA claim railroad workers must demonstrate two things. First the injury must be the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate employees for illnesses or injuries that occur during work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of private and public jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and where the cases are decided.

FELA was passed because the risk of injury to railroad workers is extremely high. Congress passed this law to protect workers and their families as well as themselves in the event of an accident on the job. To be eligible for compensation under FELA the worker must prove that the employer 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.

In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, such as suffering and pain. Unlike a workers' compensation claim, which is usually restricted to a maximum amount based on the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

The difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If a worker is found to be responsible for their injuries the amount of their damages could be reduced. If a worker is injured due to being told to violate company policy, and the company was held 50% responsible for the incident, then the company may be held 50% responsible.

Workers' compensation cases have a shorter timeline to file an claim. In a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it's only one year. This is the reason it is essential to contact an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

When a railroad worker is injured while working and suffers an injury, they can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, fela consultation - why not find out more, is a statute of liability. Thus, a successful FELA claim requires evidence that the railroad was negligent and that the negligence contributed to the injury of the worker.

The FELA law, which was enacted in 1908, was designed to provide compensation for railroad workers who have suffered injuries due to the nature of their work. Prior to the passage of this law, railroad worker accident and death rates were high. This sparked the need to provide railroad workers with extensive coverage that is greater than workers' compensation law.

In general the majority of cases, a FELA claim must be filed in federal court due to the fact that 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 liable for the FELA.

Similar to workers' compensation, the FELA claim provides the injured worker with wages lost and medical expenses as well as damages for pain and suffering. These damages are based on the fact that a railroad was liable for the death or injury due to its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death was caused in part or in totality due to the negligence.

FELA cases have benefited tort law by setting precedent for issues such as emotional distress on the railroad and damages distribution as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site locations such as private hotels in which railroad workers may stay while traveling for business purposes. An experienced attorney for railroads can help an injured railroad worker receive the full benefits to which they are entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker is injured while working, he or she can apply for workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, like medical coverage, cash payouts 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 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 such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence has to be proven.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a group of colleagues rather than the administrative authority who oversees workers compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do.

The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love has been injured by an employee of a railroad, it is important to consult with a professional FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits that are available under FELA. To locate a reputable 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 able to discuss your situation by phone or in person. Our lawyers are on a contingent basis, which means that you will not be charged unless you prevail.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on 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) and death benefits as well as pain and suffering. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads involved in international or global trade. It allows injured employees, as well as their families to sue their employers for damages directly caused by the company's negligence. This LibGuide is a good starting point for research on this topic. It includes links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources might require the use of a password.

This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to be legal advice. Consult an attorney should you require additional assistance.

Many people do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. While many believe that FELA and state laws on workers' compensation are alike but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order they can receive the best representation. A lawyer with experience can help the family of a railroad worker who has died or the injured employee in understanding the various types of damages available to them. This will allow the injured worker to get the maximum recovery allowed under FELA. If you are a railroad employee who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.