Ten Federal Employers Myths That Aren t Always True

Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured on the job. Unlike most 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 claim, railroad workers must demonstrate two things. The first is 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 injuries or illnesses that result from their work, these two laws differ in a number of ways. fela law firm only applies to railroad workers while workers' compensation applies to a broad range of jobs within the public and private sectors. FELA differs from workers' compensation in that it is governed by the person who caused the accident, what damages are awarded and how and where cases are heard.

The risk of being injured is very high for those working on the railroad This is the reason FELA was enacted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of an accident on the job. In order to be compensated under FELA the worker must prove that their employer violated any federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, 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 compensation, like pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment living.

Another distinction between FELA and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at least partly responsible for their injury. If a worker is determined to be the cause of their injuries the amount of damages could be reduced. For example when an employee was directed to do something that was in violation of company policy and were hurt as a result, the company could be held 50% responsible for their injuries.

Workers' compensation has an earlier timeframe for filing claims than a FELA case. In the case of a FELA case, the statute of limitations is 3 years from the date of your injury however, in the case of workers' compensation, the statute of limitations is one year. It is therefore important to speak with a FELA lawyer experienced in the earliest time you can after your injury.

FELA in vs. State Law

If a railroad employee is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker.

The FELA law, which was enacted in 1908, is designed to provide compensation for railroad workers who are injured due to the nature of their work. Prior to the passing of this law, death and injury rates among railroad workers were very high. This resulted in the need for a comprehensive insurance that goes beyond the workers' compensation laws.

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

FELA claims are similar to claims for workers compensation claims in that they cover the loss of wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death due to its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury 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 for issues like a railroad emotional distress, damages allocation and 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 facilities such as private hotels where a railroad's workers might be staying for business purposes. A railroad attorney can help a railroad worker who has been injured to receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured while on the job then he or she may claim workers compensation benefits or sue their employer under FELA. Both laws offer similar benefits such as cash payouts and medical coverage. However, they are different in important ways.

In contrast to workers' compensation which permits employees to file without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence must be provided.

FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.

The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you love was injured while working as a railroad worker, it is important to talk with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are ready to help you receive the best benefits available 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 their family members in FELA lawsuits. We offer free consultations, and are available by phone or in person to discuss your case. Our attorneys work on a contingent basis, meaning you won't be charged unless we succeed.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injury claims. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential), death benefits, along with pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a great place to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be taken as legal advice. You should consult with an attorney should you require assistance.

Many workers are unaware that FELA provides railroad employees with special protections. Many people believe that FELA is like state workers' compensation laws but they're not. Railroad workers who have been injured should be familiar with the distinctions between these two types of claims to receive the most effective representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the different types of damages available for their claim. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.