Write About Everything

Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured at work. Railroad workers, unlike other workers’ compensation laws have the right to sue employers under federal law. This is the Federal Employers’ Liability Act.

To win a FELA case, railroad workers need to prove two things. First, the injury must be the result of their employer’s negligence.

Workers’ Compensation vs. FELA

Workers comp and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However, they differ in a few ways. Particularly, FELA is only applicable to railroad workers, whereas workers’ comp applies to a wide range of private and public jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.

FELA was passed due to the risk of injury for railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an injury on the job. In order to be compensated under FELA the worker must prove that their employer has violated any federal law or regulation relating to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren’t covered under workers’ compensation, including pain and suffering. Contrary to claims under workers’ compensation which are usually limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living.

The difference between FELA compensation and workers’ compensation is the requirement that in order to receive compensation under FELA the worker must prove that the company was at the very least partially responsible for the injury. If an injury suffered by a worker is found to be their fault, their damages could be reduced. For example in the event that the worker was told to do something against company policy and they suffered injuries as a result, the company could be held 50% responsible for their injuries.

Workers’ compensation cases require a shorter timeline to submit an claim. In a FELA claim, the statute of limitations is three years from the time the injury occurred, but in a workers’ compensation case, it is one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA in vs. State Law

If a railroad worker is injured while working, he or her may make a claim 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. Therefore the successful FELA claim requires evidence that railroad negligence was at play and that negligence contributed to the injury of the worker.

The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries suffered because of 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 comprehensive coverage that went beyond the workers’ compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for 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 fact that a railroad was liable for the death or injury because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or in totality due to the negligence.

FELA cases have improved tort law through the establishment of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards. FELA claims particularly have drawn national attention on the issue of a non-delegable employer’s duty to provide a safe work environment for its workers. This includes off-site facilities like hotels that are private, which railroad employees may stay when traveling for business. The right railroad attorney can assist a railroad worker receive the full benefits to which he or she is entitled under FELA.

FELA vs. State Workers’ Compensation Laws

If workers are injured while working, he or she can apply for workers’ compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payments, and future earnings loss however, they differ in significant ways.

Unlike 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 that their employer violated an unconstitutional safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers’ compensation claims because evidence of negligence is required.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a group of colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not also limit the amount of damages an injured worker can receive, while workers’ compensation claims do.

federal employers liability act Accident Injury Lawyers between these two statutes is important to understand, especially for railroad employees who are exempt from state workers’ compensation laws and have to pursue their cases through FELA. If you or a loved one has been injured by a railroad employee it is essential to consult with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences in state workers’ compensation laws and FELA. Contact us now to speak with an attorney. We are prepared to help you maximize the benefits available under FELA. To locate 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 provide free consultations and are available to discuss your case over the telephone or in person. Our lawyers also operate on a contingency basis, which means you don’t pay unless we succeed in your case.


FELA against. State Workers’ Compensation Statutes

The Federal Employers’ Liability Act (FELA) gives railroad workers the right to sue their employers for injury claims. Unlike workers compensation, which provide a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries on the basis of 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 along with suffering and pain. In contrast workers’ compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually falls far short of covering a worker’s true losses.

The FELA law is applicable to railroads involved in interstate or global commerce. It permits injured employees and their families, to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a good starting point to begin your research. It includes links to various online resources on the Villanova Law Library’s website. Access to some of these resources might require the use of a password.

This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. If you require more help you should consult an attorney.

Many workers are unaware that FELA provides railroad employees with specific protections. Many people are mistakenly thinking that FELA is like state workers’ compensation laws however they aren’t. Railroad workers injured in an accident must be aware of the differences between the two types of claims so that they can get the most effective representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages that they can claim in 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, you should contact an Designated Legal Counsel (DLC) firm for guidance.