Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries at work. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To prevail in a FELA case, railroad workers need to prove two things. First, they must prove that the injury was the result of the negligence of their employer.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However, they differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a 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 the manner in which cases are tried.

The risk of being injured is a high risk for workers on railroads, which is why FELA was adopted in 1908. Congress passed the law to safeguard family members and employees in the event they were injured while on the job. In order to receive compensation under FELA workers must demonstrate that their employer violated the federal employers’ law or regulation that relates to workplace safety. 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 that aren't covered by workers compensation, like suffering and pain. Contrary to claims under workers' compensation which are usually capped based on the injuries suffered, a FELA is able to seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment of living.

Another difference between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at least partly responsible for their injuries. If the injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. For instance in the event that a worker was instructed to do something in violation of company policy and were injured in the process, the company could be held 50% accountable for their injuries.

Workers' compensation cases have shorter timeframes to submit an claim. In a FELA case the statute of limitation is three years from the date of your injury, while in a workers' compensation claim the statute of limitations is one year. It is therefore crucial to speak with an FELA lawyer who has experience as soon as you can following your injury.

FELA vs. State Law

If a worker on the railroad is injured while working, he or she may make a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful fela settlements claim will require evidence that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker.

The FELA legislation, which was passed in 1908, is designed to compensate railroad employees who have suffered injuries due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were quite high. This resulted in the need for comprehensive coverage that went beyond the laws governing workers' compensation.

In general, the majority of FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for FELA.

Like workers' compensation as well, the FELA claim provides the injured worker with compensation for lost wages as well as medical expenses, the cost of suffering. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or violation the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was caused in whole or in part because of the negligence of the railroad.

FELA cases have helped improve tort law by setting precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions requirements. In particular, FELA claims have brought federal 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 in which railroad workers may be staying for business purposes. Railroad attorneys can help those who have been injured to receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

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

Contrary to workers' compensation which allows employees to apply for compensation without proving that their employer was at fault 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 caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) 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 decided by a committee of their peers, not the administrative authority responsible for deciding workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be given to injured workers, while workers compensation claims limit damages according to a pre-determined timetable.

It is essential to understand the distinction between these two laws, especially for railroad workers who aren't covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love has been injured on the job as a railroad worker, it is essential to speak with experienced FELA lawyers.

To learn more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. 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. 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 also operate on a contingency fee, which means you don't pay until we are successful in settling your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injury claims. In contrast to workers' compensation which is an amount fixed, regardless of the cause, 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), death benefits, and pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering the true costs of a worker.

The FELA law applies to railroads that participate in global or interstate commerce. It allows injured employees and their families to sue their employers for damages directly caused by the company's negligence. This LibGuide is a great place to begin your research. The LibGuide contains links to online resources on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide was developed as a study aid for Villanova Law students. Nothing in this guide should be taken as legal advice. You should consult with an attorney if you need additional assistance.

Many workers are unaware that FELA is a unique piece of legislation that provides specific protections to railroad employees. While many believe that FELA and state workers' compensation laws are the same however, they are quite different. Railroad workers who have been injured should be familiar with the differences between these two kinds of claims to get the best representation. A skilled lawyer can assist the family of a railway worker who has passed away 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 are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for guidance.