Ten Stereotypes About Federal Employers That Aren t Always True

Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal issues. 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 win a FELA case railroad workers must prove two things. The first is that the injury occurred as a result of their employer's negligence.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide variety of jobs within the public and private sectors. FELA and workers' compensation also differ in the way they determine fault and how damages are determined, and where and how cases are tried.

FELA was passed due to the danger of injury for railroad workers is extremely high. Congress passed this law to protect workers as well as their families and themselves in the event of accident on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated the federal law or regulation that pertains to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also provides compensation for pain and suffering, which are not covered by workers' comp. Contrary to claims under workers' compensation that are typically limited based on the type of injury suffered, a FELA is able to claim compensation for non-economic damages that include emotional stress or loss of enjoyment of living.

The main distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker must show that the company was at very least partially responsible for the injury. If an injury suffered by a worker is determined to be attributable to them their damages can be reduced. If a worker gets hurt because they were instructed to follow company policy, and the company was held 50% responsible, for example, then the company may be held to be 50% responsible.

Workers' compensation is a faster timeline for filing claims than a FELA case. In a FELA case the statute of limitation is 3 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 speak with an experienced FELA lawyer as soon as possible after your injury.

FELA in vs. State Law

When a railroad worker is injured while working and suffers an injury, they can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that railroad negligence was at play and that the negligence played a role in causing the worker's injury.

The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were extremely high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws.

In general the majority of cases, a FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.

FELA claims are similar to workers' compensation in that they provide lost wages, medical expenses, and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death because of its negligence or violation of a safety law, like the Locomotive Inspection Act or the federal employers’ Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the injury or death was a result of the whole or in part due to the negligence of the railroad.

FELA cases improved tort law through the creation of precedents in areas such as emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims particularly, have brought federal attention to the issue of an employer's obligation to provide a safe and secure work environment for its employees. This includes off-site places such as private hotels, which railroad employees may stay while on business. Railroad attorneys can help those who have been injured to receive the full amount of benefits can claim under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job, injury while on the job or at work, they may seek workers' compensation or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However, they are different in a number of important ways.

Unlike workers' comp which permits employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required.

FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that can be awarded to an injured worker and workers' compensation claims limit damages in accordance with a set schedule.

The distinction between these two statutes is crucial to be aware of, especially 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 was injured as an employee of a railroad it is crucial that you speak with experienced FELA lawyers.

To find out more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to help you pursue the maximum benefits under FELA. Click here to go to the National Division BLET's website to find a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in Fela Lawsuits; https://embuonline.com/index.php/User:KennyRosas6038,. We offer free consultations and are available by telephone or in person to discuss your case. Our attorneys are on a contingency basis, which means that you will not be charged until we succeed.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. Workers compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disability which is usually lower than what the worker is losing.

The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their families to bring a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a great place to start your research. The LibGuide provides links to online resources on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide is intended as an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. You should consult with an attorney if you need assistance.

Many workers do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. Although many believe that FELA and state workers' compensation laws are similar but they are vastly different. Injured railroad workers should be aware of the distinctions between these two types of claims in order to get the best representation. In the case of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railway worker injured on the job, consult an attorney from a firm that is Designated Legal Counsel.