Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured at work. Railroad employees, unlike many workers' compensation laws have the right to sue employers liability act fela in accordance with federal law. This is known as the Federal Employers' Liability Act.

To win a FELA claim railroad workers must prove two things. First the injury must be proven to have been caused by the negligence of their employer.

FELA Vs. Workers' Compensation

Workers compensation and FELA are both designed to pay employees who are afflicted by work-related injuries or illnesses. However they differ in number of ways. In particular, fela case settlements is only applicable to railroad workers, while workers' compensation applies to a wide range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, what damages are awarded and how and when cases are heard.

FELA was enacted because the risk of injury to railroad workers is high. Congress passed the law to safeguard family members and employees in the event of being injured while on the job. In order to be compensated under FELA the worker must demonstrate that their employer violated the federal law or regulation that pertains to safety in the workplace. Examples include a violation 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 treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. Contrary to a workers' comp claim, which is usually capped at an amount based upon the severity of injuries, an FELA claim may seek 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 receive compensation under FELA, the worker must prove that the company was at least partially responsible for their injury. If a worker is found to be the cause of their injury the amount of damages could be reduced. For instance in the event that a worker was instructed to perform a task that was in violation of company policy and were injured in the process, the company could be held 50 percent accountable for their injuries.

Workers' compensation requires a faster timeline for filing claims than a FELA case. In a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it's only one year. Therefore, it is important to consult a FELA lawyer who has experience as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker gets injured while working the worker can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires proof that railroad negligence was at play and that the negligence contributed to the injury of the worker.

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

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA.

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

FELA cases have influenced tort law by establishing of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. FELA claims particularly have drawn national attention to the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site locations like hotels that private parties use where a railroad's workers might stay while traveling to work. An attorney for railroads can assist a railroad worker who has been injured to receive the full benefits he or she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured while on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However, they are different in some important ways.

Contrary to workers' compensation which allows employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with a safety law of the federal government that caused their injury. This includes laws like 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 injured railroad workers to have their cases decided by a panel of their peers, and not the administrative authority overseeing workers compensation claims. Lastly, 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 crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and must pursue their cases through FELA. If you or someone you know has been 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 now to speak with an attorney. We're here to help you receive the best benefits from FELA. Click here to visit the National Division BLET's website to find 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 via telephone or in person to discuss your case. Our lawyers also work on a contingency basis which means that you don't pay until we succeed in your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injuries claims. Unlike workers' comp which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential), death benefits, along with suffering and pain. Workers' compensation, on the contrary, provides only temporary medical care and a set amount of money to cover long-term disability that is often less than the amount a worker has lost.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide provides a starting point to research this issue. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources may require an account password.

This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to be construed as legal advice. If you require further assistance you should consult an attorney.

Many people are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers who have been injured should be familiar with the distinctions between these two kinds of claims to get the best representation. A lawyer with experience can help the family members of a railroad worker who has passed away, or injured in understanding the various types of damages available to them. The injured person can receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been hurt while on the job, call an Designated Legal Counsel (DLC) firm for guidance.