Workers Compensation Vs Federal Employers? Liability

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

To prevail in a FELA claim, railroad workers must prove two things. First, the injury must be caused by the negligence of their employer.

FELA against. 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 variety of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of public and private jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, and how much damages are awarded, and the manner in which and where the cases are decided.

FELA was passed because the risk of injury to railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. In order to receive compensation under FELA the worker must prove that their employer has violated a federal statute or regulation that pertains to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), 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, including pain and suffering. Unlike a workers' compensation claim, which is generally capped at an amount based on the severity of injuries however, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

Another difference between FELA and workers compensation is that in order to be eligible for compensation under FELA, the worker must prove that the employer was at least partly responsible for their injuries. If a worker is determined to be the cause of their injuries the amount of damages could be reduced. If a worker is injured because they were told to do something against company policy, and the company was found to be 50% accountable for the incident, then the company may be held 50% responsible.

Workers' compensation cases have shorter timeframes to file a claim. In a FELA claim, the statute of limitations is three years from when your injury occurred, whereas in a workers' comp case, it is one year. It is therefore important to contact a FELA lawyer who has experience as soon as you can following your injury.

FELA vs. State Law

If a railroad worker gets injured while working, he or she may file a claim 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. Therefore, a successful FELA claim requires proof that railroad negligence was at play and that negligence played a role in causing the worker's injury.

The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were very high. This led to the need provide railroad workers with complete coverage, which is higher than workers' compensation law.

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 example the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was liable under the FELA.

FELA claims are similar to claims for workers compensation in that they compensate for the loss of wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death due to its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death, was caused in part or in full by such negligence.

FELA cases have helped improve tort law by setting precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. FELA claims specifically have drawn national attention to the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site places such as hotels owned by private individuals in which railroad workers may stay while traveling for business reasons. The right railroad attorney can assist an injured railroad worker receive the full amount of benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker is injured while working then he or she may file for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments, and future earnings loss however, they differ in significant ways.

Unlike workers' comp which allows employees to apply for compensation without proving that their 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as evidence of negligence must be proven.

In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a group of peers, not the authority in charge of administrative matters that manage workers compensation claims. FELA also does not limit the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.

The difference between these two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone close to you has been injured as an employee of a railroad it is essential that you speak with experienced 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 ready to help you get the most benefits that are available under FELA. Click here to go to the National Division BLET's site 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 provide free consultations and are able to discuss your case over the phone or in person. Our lawyers work on a contingent basis, meaning you will not be charged unless you win.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers over injuries claims. Unlike workers compensation, which provide the same amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on 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 pain and suffering. Workers compensation, on the contrary, provides only temporary medical care and a fixed amount of money to cover long-term disabilities, which is often far less than what the worker is losing.

The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide is a good starting point to research this issue. 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 created as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. If you require further assistance seek advice from an attorney.

Many workers do not realize that FELA is a unique piece of legislation that provides specific protections to railroad employees. Many people believe that FELA is similar to state laws on workers' compensation however they aren't. Railroad workers who have been injured should be aware of the differences between these two kinds of claims to get the best representation. A qualified lawyer can assist the family of a railway worker who has passed away, or injured understanding the various kinds of damages they can claim. This will enable the injured person to obtain the maximum recovery allowed under FELA. If you are a railroad worker who was injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.