Workers Compensation Vs Federal Employers? Liability

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

To prevail in a FELA claim railroad workers must be able to prove two things. First, they must prove that the injury occurred as a result of negligence by their employer.

FELA Vs. Workers' Compensation

Workers comp and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However they differ in number of ways. FELA only applies to railroad workers whereas workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded and how and where cases are heard.

The risk of being injured is a high risk for workers on railroads This is the reason FELA was enacted in 1908. Congress passed this law to protect workers, their families and themselves in the event of accident on the job. In order to be compensated under FELA the worker must prove that their employer has violated the federal law or regulation relating 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 wages and medical treatments, FELA provides for damages that aren't covered by workers' compensation, including pain and suffering. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based on the severity of injuries, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.

A difference between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must prove that the employer was at minimum partially responsible for the injury. If a worker's injury is found to be the fault of the company the damages they suffer could be reduced. If a worker gets hurt because they were instructed to follow company policy and the company is held 50% accountable for instance, the company could be held to be 50% responsible.

Workers' compensation cases have shorter timeframes to make 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 one year. It is therefore crucial to consult a FELA lawyer with experience as soon as you can after the injury.

FELA vs. State Law

If a railroad worker is injured while at work the employee can file a claim either under the Federal Employers Liability Act or workers' compensation. Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that this negligence caused the injuries suffered by the worker.

The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were very high. This sparked the need to provide railroad employees with complete coverage, which is higher than the workers' compensation laws.

In general it is the case that a FELA claim must be filed in federal court because the FELA is a federal law. 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.

Similar to workers' compensation and workers' compensation, a FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal employers’ Safety Appliance Act. A FELA claimant also has to prove that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have improved tort law by setting precedents for issues like emotional distress in the railroad, damages distribution and working conditions requirements. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that their employees are safe in their workplace. This includes off-site facilities such as private hotels, where railroad employees can be able to stay when on business. An experienced attorney for railroads can assist an injured railroad worker get the full amount of benefits to which he or she is entitled 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. Although both laws provide similar benefits, including medical coverage, cash payouts, and future earnings loss but they differ in important ways.

Unlike workers' compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee 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, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

FELA allows railroad workers injured by a crash to have their cases decided by a panel of their peers, rather than the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put any limit on the amount of compensation that could be given to injured workers while workers' compensation claims limit damage awards according to a pre-determined timetable.

The distinction between the 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 was injured as an employee of a railroad it is essential that you speak with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with an attorney. We are prepared to help you pursue the maximum benefits available under FELA. Click here to go to the National Division BLET's website to locate a certified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our lawyers work on a contingent basis, which means that you will not be charged unless you succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' compensation, which provides the same amount of benefits regardless of who was at fault for the accident, 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 as well as lost wages (including future earning potential), 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. This usually falls far short of covering the true costs of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a good place to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be legal advice. If you require further assistance seek advice from an attorney.

Many people are unaware that FELA offers railroad workers specific protections. Many people are mistakenly thinking that FELA is like the state laws governing workers' compensation but they're not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they receive the best representation. A lawyer with experience can help the family of a railway worker who has passed away or the injured employee in understanding the different types damages that they are entitled to. This will allow the injured person to receive the maximum amount of compensation under FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.