Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured while on the job. Contrary to the majority of workers' compensation laws, railroad workers are able to sue their employers under federal law specifically the federal employers’ liability act Employers' Liability Act (FELA).

To prevail in a FELA case railroad workers must prove two things. First the injury must have been caused by the negligence of their employer.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However, they differ in a couple of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide range of public and private jobs. FELA and workers' compensation are also different in regards to who decides fault and how damages are determined and where cases are handled.

FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. In order to receive compensation under FELA, the worker must prove that their employer violated a federal statute or regulation that pertains to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. In contrast to claims for workers' compensation that are typically restricted based on the injury suffered, a FELA can claim compensation for non-economic damages that include emotional stress or loss of enjoyment living.

The difference between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must show that the company was at the least partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their damages may be reduced. If a worker is injured because they were told to violate company policy and the company was found to be 50% accountable for the incident, then the company could be held at 50% accountable.

Workers' compensation requires an earlier timeframe for filing claims than the FELA case. In a FELA claim, the statute of limitations is three years from when your injury occurred, while in a workers' comp case, it's one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad employee gets injured while working the employee can file a claim either under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that the railroad was negligent and that negligence was responsible for the injury to the worker.

The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. This led to the need for a comprehensive insurance that goes beyond the laws governing workers' compensation.

A FELA lawsuit must be filed in federal courts since the FELA was enacted 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 his employer was liable for FELA.

FELA claims are similar to claims for workers compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or a violation of a safety statute such as 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 completely due to such negligence.

FELA cases improved tort law through the establishment of precedents for issues like a railroad emotional distress, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site locations such as hotels owned by private individuals in which railroad workers may stay while traveling for business reasons. An experienced attorney for railroads can assist an injured railroad worker get the full benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payouts, and future earnings loss, they differ in important ways.

Unlike workers' comp which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that led to 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 must be presented.

In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a panel of their peers, not the authority in charge of administrative matters that manage workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker while workers compensation claims limit damage awards according to a pre-determined timetable.

The difference between these two statutes is important to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and must pursue their cases through FELA. If you or someone you love has been injured on the job as a railroad employee, it is essential to speak with experienced FELA lawyers.

Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us now to speak with a lawyer. We're prepared to assist you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case over the telephone or in person. Our lawyers also operate on a contingency fee, which means you don't pay unless we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

The federal employers’ Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. In contrast to workers' compensation which is a fixed amount 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 financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability, which often is not enough to cover the actual losses of a worker.

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

This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to be construed as legal advice. If you require further assistance seek advice from an attorney.

Many people are unaware that FELA provides railroad employees with specific protections. Many people believe that FELA is comparable to state workers' compensation laws however they aren't. Railroad workers injured in an accident should be aware of the differences between these two types of claims in order to obtain the best possible representation. In the case of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad employee to comprehend the various types of damages that are available to their claim. The person who has been injured will be able to receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult a firm of Designated Legal Counsel.