This Story Behind Federal Employers Will Haunt You For The Rest Of Your Life

Workers Compensation Vs Federal Employers? Liability

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

To win a FELA case, railroad workers need to establish two things. First the injury must be proven to have been caused by 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 number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of private and public sector jobs. FELA and workers' compensation differ in terms of who determines the degree of fault, how damages are awarded and the manner in which cases are handled.

FELA was enacted because the risk of injury for railroad workers is very high. Congress passed the law to safeguard the families of workers in the event they were injured while working. In order to be compensated under FELA the worker must show their employer violated any federal law or regulation relating to safety in the workplace. 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 treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Contrary to a workers' comp claim, which is typically limited to a certain amount based on the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

The main difference between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If a worker is determined to be at fault for their injury the amount of injuries could be reduced. For example, if a worker was instructed to do something against company policy and they were injured as a result, the company could be held 50 percent responsible for their injuries.

Workers' compensation is an earlier timeframe for filing a claim than the FELA case. In 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 1 year. This is why it is important to consult a seasoned FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad employee is injured while at work the employee can make a claim under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore the successful FELA claim requires evidence that railroad negligence was at play and that such negligence was responsible for the injury to the worker.

The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were very high. This led to the need to offer railroad workers a extensive coverage that is greater than workers' compensation law.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent instance 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 claims in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury due to its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused partially or in totality due to the negligence.

FELA cases have improved tort law through the creation of precedents in areas such as a railroad emotional distress, damages allocation and working conditions standards. FELA claims, in particular have sparked national attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals where railroad employees may stay while traveling to work. Railroad attorneys can help those who have suffered injuries to obtain the full amount of benefits can claim under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury while working, they may file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However they differ in important ways.

In contrast to workers' compensation, which allows employees to file without having to prove that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be provided.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of colleagues rather than the administrative authority that oversees workers compensation claims. Lastly, FELA does not put an upper limit on the amount of compensation that could be granted to an injured worker and workers compensation claims limit damages in accordance with a set schedule.

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 have to pursue their cases through FELA. If you or someone close to you has been injured as an employee of a railroad it is essential to consult with a knowledgeable FELA lawyers.

To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you pursue the maximum benefits that are available under FELA. Click here to go to the National Division BLET's website to find an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are able to discuss your case by phone or in person. Our attorneys work on a contingent basis, meaning you will not be charged unless you prevail.

FELA vs. State Workers' Compensation Statutes

The federal employers’ liability act Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation which provides an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to bring lawsuits against their employers for damages resulting from the company's negligence. This LibGuide provides a starting point to research this issue. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is designed to be an aid to study for Villanova law students. Nothing in this guide should be construed as legal advice. Please consult an attorney if you need additional assistance.

Many workers are unaware that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order they can receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away or injured understanding the various kinds of damages that they are entitled to. The injured person can receive the maximum amount of compensation permitted by FELA. If you are a railroad employee who was injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.