Workers Compensation Vs Federal Employers? Liability

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

To win a FELA case railroad workers must demonstrate two things. First, that the injury was the result of the negligence of their employer.

FELA Vs. Workers' Compensation

While workers compensation and FELA both attempt to compensate workers for injuries or illnesses that result from their work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of private and public jobs. FELA and workers' compensation also differ in the way they determine the fault and the way in which damages are awarded and the manner in which cases are decided.

FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed this law to protect workers, their families and themselves in the event of injury while working. In order to be compensated under FELA workers must prove that their employer has violated the 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 income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Contrary to a workers' comp claim, which is generally limited to a certain amount based upon the severity of injuries and other injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.

Another distinction between FELA and workers' compensation is that in order to get compensation under FELA workers must show that the company was at least partly responsible for their injuries. If an injury suffered by a worker is found to be their fault the damages they suffer could be reduced. If a worker is injured due to being told to violate company policy and the company was held 50% accountable, for example, then the company could be held to be 50% responsible.

Workers' compensation cases require shorter timeframes to submit a claim. In a FELA case the statute of limitation is 3 years from the date of your injury, while in a workers' compensation case, the statute of limitations is 1 year. This is why it is important to contact an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

If a railroad worker gets injured while working, he or she may make a claim under workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of fault, FELA is a statute of liability. Therefore an effective FELA claim requires evidence that the railroad was negligent and that the negligence contributed to the injury to the worker.

The FELA law, which was enacted in 1908, was designed to compensate railroad workers who are injured due to the nature of their job. Prior to the passage of this law, railroad employee deaths and injuries were high. This resulted in the need for comprehensive coverage that goes beyond the workers' compensation laws.

In general, a FELA claim is filed in federal court since 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 that his employer was liable for the FELA.

Similar to workers compensation and workers' compensation, a FELA claim compensates the injured worker with wages lost and medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the death or injury because of its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused in part or completely due to such negligence.

FELA cases have improved tort law by creating precedent for issues such as railroad emotional distress as well as damages distribution and working conditions requirements. Particularly, FELA claims have brought national attention to an employer's duty not delegated to ensure that its workers are safe in their workplace. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might stay for business purposes. A good railroad attorney can assist a railroad worker get the full amount of benefits to which they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, such as medical coverage, financial payments and loss of future earnings however, they differ in significant ways.

Contrary to workers' compensation which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that led to their injury. 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 since proof of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a group of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. In addition, FELA does not put an upper limit on the amount of damages that may be given to injured workers while workers compensation claims limit damage awards according to a pre-determined timetable.

It is important to know the distinction between these two statutes, particularly for railroad workers who aren't covered under state laws on workers' compensation. They have to pursue their cases under FELA. If you or someone you love was injured while working as a railroad employee, it is important to talk with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with an attorney. We're prepared to assist you maximize the benefits under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available to discuss your case over the telephone or in person. Our lawyers also work on a contingency basis that means you won't pay unless we succeed in your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the incident, 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, lost wages (including future earning potential), death benefits, as well as pain and suffering. Workers compensation, on contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disabilities that is often less than what an individual loses.

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

This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to be taken as legal advice. Consult an attorney if you require additional assistance.

Many workers do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are alike however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order that they can get the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. The injured person will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.