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Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face unique legal issues. In contrast to most 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 proven to be the result of their employer's negligence.

Workers' Compensation vs. FELA

Workers comp and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a variety of jobs in both the public and private sectors. FELA and workers' compensation also differ in regards to who decides fault and the way in which damages are awarded and where cases are tried.

FELA was enacted because the danger of injury for railroad workers is 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 be compensated under FELA, the worker must prove that their employer has violated any federal law or regulation relating 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 past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. Contrary to claims under workers' compensation, which are generally capped based on the injuries suffered, a FELA can claim compensation for non-economic damages that include emotional stress or loss of enjoyment living.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA, the worker must prove that the employer was at least partly responsible for their injury. If the injury suffered by a worker is found to be the fault of the company, their damages could be reduced. For example, if a worker was instructed to perform a task that was against company policy and they suffered injuries in the process the company could be held 50 percent responsible for their injuries.

Workers' compensation cases require a shorter timeline to make claims. In a FELA case the statute of limitations is three years from the date of your injury while in the case of workers' compensation, the statute of limitations is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker gets injured on the job and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. Consequently the successful FELA claim requires proof that the railroad was negligent and that negligence played a role in the injury of the worker.

The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were extremely high. This sparked the need to provide railroad workers with complete coverage, which is higher than workers' compensation laws.

A FELA lawsuit must be filed in federal courts 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 was an employee of a railroad that his employer was liable under the FELA.

Similar to workers' compensation as well, a FELA claim compensates the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death due to 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 completely due to such negligence.

FELA cases have influenced tort law through the establishment of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that their employees are provided with a safe workplace. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may stay while traveling to work. A good railroad attorney can assist an injured railroad worker obtain 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 on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. While both laws offer similar benefits, such as medical coverage, cash payments and loss of future earnings however, they differ in significant ways.

Contrary to workers' compensation which permits 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 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 due to the fact that the evidence of negligence has to be provided.

In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial, and get their case decided by a panel of their peers rather than the authority in charge of administrative matters that manage workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that may be awarded to an injured worker, while workers compensation claims limit damage awards according to a pre-determined timetable.

The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you know was injured while working as a railroad worker it is important to talk with experienced FELA attorneys.

Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us today to speak to a lawyer. We're ready to assist you get the most benefits from FELA. Click here to go to the National Division BLET's website to find a certified 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 by phone or in person. Our attorneys also operate on a contingency basis which means that you don't pay unless we win your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which usually falls far short of covering the true costs of a worker.

The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to bring a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide offers a base for further research on this subject. It includes links to various online resources available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide was designed as a study aid for Villanova Law students. This guide is not intended to constitute legal advice. If you need more assistance, please consult an attorney.

Many workers are unaware that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws but they're not. Railroad workers who have been injured should be familiar with the differences between these two kinds of claims to get the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or the injured employee in understanding the different types damages available to them. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.