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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. In contrast to most workers insurance laws, railroad workers are able 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. First, the injury must be the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate employees for work-related injuries or illnesses however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA and workers' compensation are also different in regards to who decides fault and how damages are determined, and where and how cases are tried.

FELA was passed due to the risk of injury to railroad workers is high. Congress passed the law to protect family members and employees in the event that they are injured while working. In order to receive compensation under FELA workers must demonstrate that their employer violated a federal statute 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 the past and future loss of wages and medical treatments, fela claims railroad employees provides for damages that aren't covered by compensation, like suffering and pain. Contrary to claims under workers' compensation which are usually limited based on the type of injury suffered, a FELA is able to claim compensation for non-economic damages like emotional distress or loss of enjoyment of living.

A distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If the injury suffered by a worker is found to be the fault of the company their damages can be reduced. If a worker is injured due to being told to violate company policy, and the company was found to be 50% responsible for instance, the company could be held 50% responsible.

Workers' compensation requires an earlier timeframe for filing claims than a FELA case. In the case of a FELA case the statute of limitations is three years from date of your injury while in the case of workers' compensation the statute of limitation is one year. This is why it is important to contact an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job and suffers an injury, they can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Thus the successful FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury of the worker.

The FELA legislation, which was passed in 1908, is designed to provide compensation for railroad workers who are injured because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were extremely high. This led to the need offer railroad workers a complete coverage, which is higher than workers' compensation law.

In general the majority of cases, an FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.

Similar to workers' compensation as well, the FELA claim compensates the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based on the fact that the railroad was liable 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. A FELA plaintiff must prove that the injury or death was caused partially or in totality due to the negligence.

FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. Particularly, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may be staying for business reasons. A railroad attorney can help those who have been injured to receive the full benefits he or can claim under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker suffers an injury while working or at work, they may seek workers' compensation or sue their employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However, they are different in important ways.

In contrast to workers' compensation which permits employees to claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety rule 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 more difficult to win a FELA claim than workers' compensation claims because evidence of negligence is required.

FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, not the administrative authority overseeing workers compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be given to injured workers while workers' compensation claims limit damage awards in accordance with a set schedule.

The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you love was injured while working as a railroad worker it is essential to speak with experienced FELA attorneys.

Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We're prepared to assist you get the most benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case by phone or in person. Our attorneys work on a contingent basis, meaning that you will not be charged until we win.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which provide 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.

In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers for 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. Access to certain resources may require an account password.

This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to provide legal advice. If you require more help, please consult an attorney.

Many workers are unaware that FELA provides railroad employees with specific protections. Though many people believe that FELA and state laws on workers' compensation are alike, they are very different. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure they can receive the best 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 available for their claim. The injured worker will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.