Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries while on the job. In contrast to most 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 case, railroad workers need to prove two things. First, they must prove that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a wide variety of jobs within the private and public sectors. FELA and workers' compensation differ in terms of who determines the degree of fault, how damages are awarded and where cases are handled.

FELA was enacted because the risk of injury to railroad workers is extremely high. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury while working. In order to be compensated under FELA, the worker must demonstrate that their employer violated the federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. In contrast to a workers' compensation claim, which is generally capped at an amount based on the severity of injuries however, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

The main distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If an injury suffered by a worker is found to be the fault of the company, their damages could be reduced. If a worker is injured because they were told to violate company policy and the company was found to be 50% responsible for the incident, then the company could be held 50% responsible.

Workers' compensation cases have an earlier time frame to submit a claim. In the case of a FELA claim, the statute of limitation is three years from the date your injury occurred, while in a workers' comp case, it's only one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after the injury.

FELA vs. State Law

When a railroad worker is injured while working the worker can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability act fela statute. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused injuries to the worker.

The FELA law, which was enacted in 1908, is designed to provide compensation for railroad workers who have been injured due to the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This resulted in the need for a comprehensive coverage that went beyond the laws governing workers' compensation.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. For example, a recent case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was responsible under the FELA.

FELA claims are similar to claims for 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 liable for the injury or death because of its negligence or a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was a result of the whole or in part due to such negligence.

FELA cases have improved tort law by setting precedents for issues like emotional distress on the railroad, damages distribution and working condition standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that its employees are safe in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may be staying for business purposes. The right railroad attorney can help an injured railroad worker get the full benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payouts, and future earnings loss, they differ in important ways.

Contrary to workers' compensation which allows employees to file a claim without proving their employer was to blame, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that caused their injuries. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, as evidence of negligence is required.

FELA allows railroad workers injured by a crash to have their cases considered by a group consisting of their peers, rather than the authority that oversees administrative workers' compensation claims. FELA does not also limit the amount of damages an injured worker may receive, while workers' compensation claims do.

The difference between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one was injured as a railroad employee, it is important to speak with experienced 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're prepared to assist you maximize the benefits that are available under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our attorneys are on a contingency basis, which means that you will not be charged unless you prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers compensation, on the contrary, provides temporary medical treatment and a set amount of money to cover long-term disability that is often lower than what an individual loses.

The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring a lawsuit against their employer for any damages resulting from the company's negligence. This LibGuide offers a base for research on this topic. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide is intended as an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Please consult an attorney if you need additional assistance.

Many people are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state laws on workers' compensation are alike but they are vastly different. Railroad workers injured in an accident must be aware of the differences between these two types of claims to get the best representation. A lawyer with experience can help the family of a railroad worker who has died or injured understanding the different types damages that they are entitled to. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.