Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries while on the job. In contrast to most 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 be caused by the negligence of their employer.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a wide variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded and how and when cases are heard.

FELA was passed due to the danger of injury for railroad workers is very high. Congress passed this law to safeguard workers, their families and themselves in the event of an injury while working. In order to be compensated under FELA the worker must prove the employer violated the federal employers liability law or regulation that relates 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 income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. Unlike a workers' compensation claim, which is typically limited to a certain amount based on the severity of injuries and other injuries, the FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

Another distinction between FELA and workers compensation is that to receive compensation under FELA the worker must show that the company was at least partially responsible for their injury. If an injury suffered by a worker is determined to be attributable to them their damages can be reduced. For instance, if the worker was told to do something in violation of company policy and were hurt due to the incident the company could be held 50 percent responsible for their injuries.

Workers' compensation is an earlier timeframe for filing claims than a FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury when in the case of workers' compensation the statute of limitations is one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as you can after your injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job, he or she may submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which offer benefits regardless of who is 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 was responsible for the injury to the worker.

The FELA legislation, which was passed in 1908, was enacted to compensate railroad workers who have suffered injuries because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need offer railroad workers a complete coverage, which is higher than 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, like workers' compensation, a FELA claim compensates the injured worker with lost wages, medical expenses and damages for pain and suffering. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused in part or in full by such negligence.

FELA cases have helped improve tort law by setting precedents for issues like emotional distress on the railroad and damages distribution as well as working conditions standards. FELA claims, in particular, have brought federal attention to a non-delegable employer's duty to provide a safe working environment for its employees. This includes off-site locations like hotels that private parties use in which railroad workers may be staying to work. The right railroad attorney can assist a railroad worker obtain the full benefits that he or she is entitled under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured on the job then he or she may file for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However they differ in some important ways.

In contrast to workers' compensation which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and 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.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and be ruled on by a group of their peers rather than the authority in charge of administrative matters that manage workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker while workers compensation claims limit damages based on a pre-determined schedule.

The distinction between these two statutes is crucial to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured by an employee of a railroad it is essential to speak with a knowledgeable FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're ready to assist you receive the best benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations, and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay until we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

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

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

The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the company's negligence. This LibGuide provides a starting point for research on this topic. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. If you require further assistance seek advice from an attorney.

Many workers are unaware that FELA is a distinct piece of legislation that provides special protections to railroad workers. Though many people believe that FELA and state laws on workers' compensation are alike but they are vastly different. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they receive the best representation. In the event of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will allow the injured person to receive the maximum recovery allowed under FELA. If you are a railroad employee who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for advice.