Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they are faced with particular legal challenges. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To win a FELA case, railroad workers need to demonstrate two things. First the injury must be proven to have been caused by the negligence of their employer.

FELA against. Workers' Compensation

Workers' compensation and FELA are both designed to compensate employees who suffer from work-related illnesses or injuries. However they differ in a couple of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of public and private jobs. FELA and workers' compensation also differ in the way they determine fault, how damages are awarded and the manner in which cases are tried.

The risk of being injured is high for people working on the railroad, which is why FELA was adopted in 1908. Congress passed the law to protect the families of workers in the event that they are injured on the job. In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation that pertains to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, such as suffering and pain. In contrast to a workers' compensation claim, which is generally capped at an amount based upon the severity of injuries however, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

The main difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must prove that the company was at least partially responsible for the injury. If a worker is found to be at fault for their injuries the amount of injuries could be reduced. If a worker gets hurt because they were told to follow company policy and the company is held 50% responsible for the incident, then the company could be held 50% responsible.

Workers' compensation is an earlier timeframe for filing a claim than the FELA case. In a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' comp case, it's one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA vs. State Law

If a railroad worker gets injured on the job, he or she may file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury to the worker.

The FELA, which was passed in 1908, was 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 death and injury rates were high. This resulted in the need for a comprehensive insurance that goes beyond the workers' compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.

FELA claims are similar to workers compensation claims in that they compensate for the loss of wages, medical expenses, and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death because of its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence.

FELA cases have benefited tort law by setting precedents for issues like emotional distress in the railroad and damages distribution as well as working conditions standards. FELA claims particularly have drawn national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site facilities such as private hotels, where railroad employees can stay when traveling for business. A good railroad attorney can assist an injured railroad worker receive the full benefits to which they are entitled to 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. While both laws offer similar benefits, including medical coverage, monetary payouts and loss of future earnings however, they differ in significant ways.

Contrary to workers' compensation which allows employees to file without proving their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused their injuries. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be proven.

FELA allows railroad workers who are injured to have their cases decided by a panel of their peers, and not the administrative authority responsible for deciding workers' compensation claims. FELA does not also limit the amount of damages an injured worker may receive, whereas workers' compensation claims do.

It is essential to understand the difference between these two laws, especially for railroad employees who aren't covered under state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone close to you has been injured as a railroad employee it is crucial to consult with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're here to help you get the most benefits from FELA. To find a qualified 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 to discuss your case by phone or in person. Our lawyers also operate on a contingency fee that means you won't pay unless we are successful in settling your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers’ liability Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation, which provides the same amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering the true costs of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and permits injured employees and their family members to file an action against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to start your research. It provides links to various online resources on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. Consult an attorney should you require additional assistance.

Many workers do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Many people mistakenly believe that FELA is comparable to the state laws governing workers' compensation but they're not. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure that they receive the most effective representation. In the event 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 they can claim in their claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you're a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.