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 employees have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To win a FELA claim railroad workers must be able to prove two things. The first is that the injury was the result of negligence by 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. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides the degree of fault and how damages are determined and where cases are tried.

FELA was passed because the risk of injury to railroad workers is very high. Congress passed the law to protect workers and their families in the event of being injured on the job. To be eligible for compensation under FELA the worker must prove that the employer violated the federal law or regulation that relates to safety in the workplace. Examples include a violation 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 treatment, fela railroad accident lawyer provides for damages which aren't covered under workers' compensation, including pain and suffering. Unlike workers' compensation claims, which are generally limited based on the type of injury suffered, a FELA can seek compensation for non-economic losses, such as emotional stress or loss of enjoyment of living.

Another distinction between FELA and workers' compensation is that in order to get compensation under FELA the worker must prove that the company was at a minimum partially accountable for their injury. If an injury suffered by a worker is determined to be their fault the damages they suffer could be reduced. For instance in the event that the worker was told to perform a task that was not in line with company policy and suffered injuries in the process the company could be held 50% accountable for their injuries.

Workers' compensation cases have a shorter timeline to file claims. In a FELA case, the statute of limitations is three years from the date of your injury, when in a workers' compensation claim the statute of limitation is one year. It is therefore important to contact an FELA lawyer with experience as soon as you can following your injury.

FELA vs. State Law

If a railroad worker is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that the railroad was negligent and that such negligence was responsible for causing the worker's injury.

The FELA law, which was enacted in 1908, is designed to compensate railroad workers who are injured because of their work. Prior to the enactment of this law, railroad worker accident and death rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds 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 in Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for FELA.

Like workers compensation as well, a FELA claim compensates the injured worker with wages lost and medical expenses as well as damages for pain and suffering. These damages are based on the notion that a railroad was liable for the death or injury due to its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the injury or death was a result of the whole or in part due to such negligence.

FELA cases have improved tort law by creating precedent for issues such as emotional distress on the railroad, damages distribution and working condition standards. In particular, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that its employees are safe in their workplace. This includes off-site locations like private hotels where railroad workers may stay when traveling for business. An experienced attorney for railroads can assist an injured railroad worker receive the full benefits that he or she is entitled under FELA.

FELA vs. State Workers' Compensation Laws

If a worker suffers an 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 financial compensation and medical coverage. However they differ in some important ways.

Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that caused their injuries. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims since proof of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a group of their peers 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 granted to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule.

The distinction between these two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us now to speak with a lawyer. We're prepared to assist you maximize the benefits available under FELA. Click here to go to the National Division BLET's website to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via phone or person to discuss your case. Our lawyers also operate on a contingency basis that means you won't pay unless we are successful in settling your case.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers for injuries claims. In contrast to workers' compensation, which pays an amount that is fixed regardless of the cause, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disabilities which is usually lower than what an individual loses.

The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the company's negligence. This LibGuide is a great place to start your research. It provides links to various online resources available on the Villanova Law Library's website. Access to some of these resources might require an account password.

This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. If you require more help seek advice from an attorney.

Many workers are unaware that FELA offers railroad workers specialized protections. Many people believe that FELA is comparable to state laws on workers' compensation but they're not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so they can receive the most effective representation. A lawyer with experience can help the family members of a railroad worker who has died or the injured employee in understanding the various types of damages that they are entitled to. The person who has been injured will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.