Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries 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 win a FELA case railroad workers must prove two things. First, the injury must have been caused by their employer's negligence.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However they differ in couple of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a broad range of jobs in both the private and public sectors. FELA and workers' compensation also differ in terms of who determines fault and the way in which damages are awarded, and where and how cases are handled.

The risk of injury is a high risk for workers on the railroad This is the reason FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event they were injured while on the job. To be eligible for compensation under FELA, the worker must demonstrate that their employer violated the federal law or regulation relating 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 provides for damages which aren't covered under workers compensation, like suffering and pain. Unlike a workers' compensation claim, which is generally limited to a certain amount based on the severity of injuries and other injuries, a FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

The difference between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker's injury is found to be their fault the damages they suffer could be reduced. For example, if a worker was instructed to perform a task that was not in line with company policy and suffered injuries due to the incident the company could be held 50% responsible for their injuries.

Workers' compensation cases require shorter timeframes to file an claim. In a FELA case the statute of limitation is 3 years from the date of your injury when in a workers' compensation claim the statute of limitations is 1 year. It is therefore important to consult a FELA lawyer with experience as soon as you can after the injury.

FELA vs. State Law

If a railroad worker gets injured while working, he or she may make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was responsible for the injury, FELA is a liability statute. Thus an effective FELA claim requires evidence that the railroad was negligent and that the negligence was responsible for causing the worker's injury.

The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Before the enactment this law, railroad worker accident and death rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws.

In general the majority of cases, an FELA claim must be filed in federal court because 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, involved a railroad employee who claimed that his employer was responsible under the FELA.

FELA claims are similar to workers compensation claims in that they cover lost wages, medical expenses, and pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused partially or in full by such negligence.

FELA cases have improved tort law through the establishment of precedents for issues such emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site locations like hotels that are private, where railroad workers may be able to stay when on business. A good railroad attorney can help an injured railroad worker get the full benefits to which he or she is entitled under FELA.

FELA vs. State Workers' Compensation Laws

If an employee is injured while on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including medical coverage and monetary payouts. However they differ in some important ways.

Unlike workers' comp which allows employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has did not comply with a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a fela case settlements claim than workers' compensation claims because evidence of negligence is required.

FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, not the authority that oversees administrative workers' compensation claims. FELA also does not limit the amount of compensation an injured worker could receive, while workers' compensation claims do.

The difference between these two statutes is important to know, particularly for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone close to you was injured as an employee of a railroad, it is important to speak with experienced FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you get the most benefits that are available under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. 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 person to discuss your case. Our attorneys are on a contingency basis, meaning you won't be charged unless we win.

FELA against. State Workers' Compensation Statutes

The Federal Employers' liability act fela Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation which provides a fixed amount regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering a worker's true losses.

The FELA law applies to railroads operating in international or interstate commerce, and permits 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 begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to be legal advice. Consult an attorney should you require assistance.

Many people do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the distinctions between these two types of claims in order to obtain the best possible representation. A skilled lawyer can assist the family of a railway worker who has died or the injured employee in understanding the various types of damages available to them. This will enable the injured worker to get the maximum recovery allowed under FELA. If you are a railroad employee who was injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.