Workers Compensation Vs Federal Employers? Liability

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

In order to prevail in a FELA claim railroad workers must demonstrate two things. The first is that the injury was the result of the negligence of their employer.

FELA vs. Workers' Compensation

Workers comp and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However they differ in a couple of ways. FELA only applies to railroad workers while workers' compensation applies to a broad range of jobs in both the public and private sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, and how much damages are awarded, and the manner in which and where the cases are decided.

FELA was passed due to the risk of injury to railroad workers is extremely high. Congress passed the law to protect workers and their families in the event they were injured on the job. To receive compensation under FELA the worker must prove their employer violated the federal law or regulation that relates 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 future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Contrary to claims under workers' compensation that are typically limited based on the type of injury sustained, FELA is able to claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living.

A difference between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the company was at minimum partially responsible for the injury. If an injury suffered by a worker is determined to be their fault, their damages could be reduced. For example, if a worker was instructed to do something that was against company policy and they were injured due to the incident, the company could be held 50 percent accountable for their injuries.

Workers' compensation cases have a shorter timeline to make a claim. In the case of a FELA claim, the statute is three years from the time your injury occurred, while in a workers' compensation case, it's one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker is injured while at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that the negligence resulted in the worker's injuries.

The FELA, which was passed in 1908, was designed to compensate railroad workers who have been injured due to the nature of their job. Prior to the enactment of this law, the death and injury rates among railroad workers were very high. This led to the need for a comprehensive coverage that goes beyond the workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. 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 FELA.

FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical expenses, and pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the federal Employers’ Safety Appliance Act. In addition, a FELA claimant must show that the injury or death was caused in total or in part due to the negligence.

FELA cases have improved tort law through the creation of precedents for issues like emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims, in particular have sparked national attention to the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site locations like hotels that are private, which railroad employees may stay while on business. 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 workers are injured on the job then he or she may apply for workers compensation benefits or sue his employer under fela attorneys. Both laws offer similar benefits, such as medical coverage, cash payouts and loss of future earnings however, they differ in significant ways.

In contrast to workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that caused their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, as evidence of negligence is required.

Additionally, 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 administrative authority who oversees workers' compensation claims. FELA does not restrict the amount of damages an injured worker could receive, while workers' compensation claims do.

The distinction between these two statutes is crucial to understand, especially for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or a loved one has been injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers.

To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you maximize the benefits 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 offer free consultations and are able to discuss your case over the phone or in person. Our attorneys also work on a contingency basis, which means you don't pay unless we succeed in your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation, which pays a fixed amount regardless of the cause, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Workers compensation, on contrary, provides temporary medical care and a predetermined amount of money to cover long-term disability that is often less than what the worker is losing.

The FELA law is applicable to railroads involved in interstate or global commerce. It allows injured employees, as well as their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide is a great place to start your research. The LibGuide contains links to online resources on the Villanova Law Library website. Access to certain resources may require the use of a password.

This LibGuide was designed as a study aid to Villanova Law students. The information contained in this guide should not be taken as legal advice. Consult an attorney if you need assistance.

Many workers are unaware that FELA offers railroad workers specialized protections. Many people are mistakenly thinking that FELA is similar to the state laws governing workers' compensation however they aren't. Railroad workers injured in an accident should be familiar with the differences between these two types of claims in order to receive the most effective representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the different types of damages that are available to their claim. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured on the job, consult an attorney from a firm that is Designated Legal Counsel.