Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they face unique legal issues. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

To win a FELA claim railroad workers must prove two things. The first is that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

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

The risk of injury is a high risk for workers on the railroad, which is why FELA was adopted in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of accident on the job. To receive compensation under FELA the worker must show their employer has violated any 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 the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like suffering and pain. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based upon the severity of injuries, the fela settlements claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A difference between FELA compensation and workers' compensation is the requirement 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 a worker is found to be responsible for their injuries the amount of injuries could be reduced. If a worker gets hurt due to being told to do something against company policy and the company was found to be 50% responsible for instance, the company could be held 50% responsible.

Workers' compensation cases require a shorter timeline to submit claims. In the case of a FELA case, the statute of limitations is three years from date of your injury, while in a workers' compensation claim, the statute of limitations is one year. It is therefore crucial to speak with a FELA lawyer with experience as soon as you can after your injury.

FELA Vs. State Law

When a railroad worker is injured on the job, he or she may submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury of the worker.

The FELA was enacted in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. This resulted in the need for a comprehensive insurance that goes beyond the workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable under the FELA.

Similar to workers compensation and workers' compensation, the FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as 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 an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death, was caused in part or in full by such negligence.

FELA cases improved tort law through the creation of precedents in areas such as a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims, in particular, have brought federal attention to the issue of an employer's obligation to provide a safe work environment for its workers. This includes off-site places such as private hotels, which railroad employees may stay while on business. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full amount of benefits can claim under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker sustains an injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However, they are different in important ways.

Unlike workers' comp, which allows employees claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence has to be presented.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and have their case determined by a panel of their peers rather than the administrative authority who oversees workers' compensation claims. FELA also does not limit the amount of damages an injured worker could receive, while workers' compensation claims do.

It is important to know the difference between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone close to you was injured as a railroad employee, it is important to consult with a knowledgeable FELA lawyers.

To learn more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're here to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's website to locate an experienced 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 phone or in person to discuss your case. Our lawyers are on a contingency basis, which means that you will not be charged unless you prevail.

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 pays a fixed amount regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often falls far short of covering the actual losses of a worker.

The FELA law is applicable to railroads involved in international or global trade. It permits injured employees and their families, to sue their employer for damages resulting directly 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 is intended as a study supplement for Villanova law students. This guide is not intended to provide legal advice. You should consult with an attorney if you need additional assistance.

Many people are unaware that FELA offers railroad workers specific protections. Although many believe that FELA and state workers' compensation laws are the same however, they are quite different. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they receive the most effective representation. A skilled lawyer can assist the family of a railroad worker who has passed away or injured understanding the different types damages that they are entitled to. This will enable the injured worker to get the maximum recovery allowed under FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.