What Do You Know About Federal Employers

Workers Compensation Vs Federal Employers? Liability

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

To win a FELA claim railroad workers must prove two things. First, that the injury occurred as a result of their employer's negligence.

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 while workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA and workers' compensation are also different in terms of who determines fault and the way in which damages are awarded, and where and how cases are tried.

The risk of being injured is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA the worker must prove that their employer violated any 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.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Unlike workers' compensation claims that are typically capped based on the injuries sustained, FELA is able to seek compensation for noneconomic damages that include emotional distress or loss of enjoyment of living.

The main distinction between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must prove that the company was at very least partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their injuries could be reduced. If a worker is injured due to being told to follow company policy, and the company was held 50% responsible, for example, then the company may be held 50% responsible.

Workers' compensation cases require an earlier time frame to make a claim. In a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' compensation case, it is one year. Therefore, it is important to speak with an FELA lawyer experienced in the earliest time you can after the injury.

FELA vs. State Law

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

The FELA, which was passed in 1908, is designed to provide compensation for railroad workers who have suffered injuries because of the nature of their job. Prior to the passing of this law, injury and death rates among railroad employees were quite high. This sparked the need to offer railroad workers a extensive coverage that is greater than the workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under 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 fact that the railroad was accountable for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal 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 because of the negligence.

FELA cases have benefited tort law by setting precedents for issues like emotional distress on the railroad and damages distribution as well as working condition standards. FELA claims specifically have drawn national attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might be staying for business purposes. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full benefits he or is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker sustains an injury on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage and monetary payouts. However, they are different in a number of important ways.

Unlike workers' comp which permits employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law 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. It is more difficult to win a FELA case than workers' compensation claims due to the fact that evidence of negligence must be presented.

FELA allows injured railroad workers to have their cases ruled by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.

The distinction 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 on the job as a railroad worker, it is essential to speak with experienced FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're here to help you obtain the maximum benefits from FELA. To find 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 available via phone or person to discuss your case. Our attorneys also work 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 allows railroad employees to sue their employers for injuries. Contrary to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability. This usually is not enough to cover the true costs of a worker.

The FELA law applies to railroads that operate in interstate or international commerce, and permits injured employees and their families to bring an action against their employer for damages resulting from the negligence of the company. This LibGuide provides a starting point for research on this topic. It also provides links to a variety of online resources 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 to Villanova Law students. This guide is not intended to constitute legal advice. Consult an attorney should you require additional assistance.

Many people do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people believe that FELA is comparable to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they receive the most effective representation. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. The person who has been injured will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who was injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.