5 Clarifications Regarding Federal Employers

Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

In order to prevail in a FELA claim railroad workers must demonstrate two things. The first is that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate workers for illnesses or injuries that occur during work however, the two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a wide variety of jobs in both the private and public sectors. FELA and workers' compensation differ in regards to who decides the fault and the way in which damages are awarded and the manner in which cases are decided.

FELA was passed due to the risk of injury to railroad workers is high. Congress passed the law to safeguard the families of workers in the event of being injured while working. In order to be compensated under FELA workers must prove that their employer violated any federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also offers compensation for pain and suffering, which are not covered by workers' comp. Unlike workers' compensation claims which are usually limited based on the type of injury sustained, FELA is able to seek compensation for noneconomic damages like emotional stress or loss of enjoyment of living.

Another distinction between FELA and workers' compensation is that to receive compensation under FELA, the worker must prove that the company was at least partially accountable for their injury. If the injury suffered by a worker is found to be their fault, their damages could be reduced. For instance when the worker was told to perform a task that was not in line with company policy and were hurt due to the incident the company could be held 50 percent responsible for their injuries.

Workers' compensation cases require shorter timeframes to file a claim. In a FELA case the statute of limitation is three years from date of your injury while in a workers' compensation claim, the statute of limitations is one year. This is why it is important to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA in vs. State Law

If a railroad worker is injured at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently, a successful FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury to the worker.

The FELA, which was passed in 1908, was designed to compensate railroad workers who have been injured because of the nature of their job. Before the enactment this law, railroad employee death and injury rates were high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws.

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. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA.

FELA claims are similar to workers compensation in that they provide the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was liable for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or in totality due to the negligence.

FELA cases improved tort law through the establishment of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that its workers are protected in their workplace. This includes off-site facilities like hotels that private parties use where a railroad's workers might stay for business reasons. A good railroad attorney can help an injured railroad worker receive the full benefits that he or she is entitled under FELA.

FELA in opposition to. 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, including medical coverage, financial payments and loss of future earnings however, they differ in significant ways.

In contrast to workers' compensation, which allows employees to file without proving their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated a federal safety law which caused their injuries. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence must be presented.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and be ruled on by a panel of their colleagues rather than the administrative authority who oversees workers compensation claims. Additionally, FELA does not put any limit on the amount of compensation that could be given to injured workers, while workers compensation claims limit damage awards based on a pre-determined schedule.

It is important to know the distinction between these two laws, especially for railroad workers who aren't covered under state laws on workers' compensation. They must pursue their cases under FELA. If you or someone you love has been injured as a railroad employee it is crucial to consult with a professional 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 are prepared to help you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your case over the telephone or in person. Our lawyers also operate on a contingency fee, which means you don't pay until we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation, which provides a fixed amount of benefits regardless of who is responsible for the accident, fela law firm cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses as well as lost wages (including future earning potential) as well as death benefits along with suffering and pain. Workers compensation, on the contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disability that is often less than the amount the worker is losing.

The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their families to bring lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide is a great place to begin your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to be construed as legal advice. Consult an attorney should you require assistance.

Many people are unaware that FELA provides railroad employees with specific protections. Although many believe that FELA and state laws on workers' compensation are the same but they are vastly different. Railroad workers injured in an accident must be aware of the differences between these two types of claims to obtain the best possible representation. A lawyer with experience can help the family members of a railroad worker who has died or injured in understanding the various types of damages that they are entitled to. The person who has been injured will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.