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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most workers' compensation laws, railroad employees are able to sue their employers under federal Employers’ liability act law specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA claim railroad workers must 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 compensate employees who are afflicted by work-related illnesses or injuries. However, they differ in a few ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a variety of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines fault and the way in which damages are awarded and where cases are handled.

FELA was enacted because the danger 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 on the job. To be eligible for compensation under FELA the worker must show 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.

FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims which are usually restricted based on the injury sustained, a FELA is able to seek compensation for non-economic losses that include emotional distress or loss of enjoyment of living.

The difference between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If an injury suffered by a worker is found to be attributable to them, their damages could be reduced. If a worker gets hurt due to being told to do something against company policy, and the company was held 50% responsible for instance, the company could be held 50% responsible.

Workers' compensation requires an earlier timeframe for filing a claim than the FELA case. In the case of 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. Therefore, it is important to consult an FELA lawyer experienced in the earliest time you can after your injury.

FELA vs. State Law

If a railroad employee gets injured while working, he or her may file a claim either under the federal employers’ liability act Employers Liability Act or workers compensation. Unlike workers' compensation statutes which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury to the worker.

The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have suffered injuries because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were very high. This resulted in the need for comprehensive coverage that went beyond workers' compensation laws.

In general it is the case that a FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was responsible under the FELA.

Similar to workers compensation as well, a FELA claim compensates the injured worker with lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the notion that a railroad is responsible for the death or injury because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death, was caused in part or in full by such negligence.

FELA cases improved tort law through the creation of precedents in areas such as a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site facilities such as private hotels in which railroad workers 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 on the job or at work, they may seek workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, financial payouts, and future earnings loss, they differ in important ways.

In contrast to workers' compensation, which allows employees claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that caused 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 workers' compensation claims, because the evidence of negligence has to be proven.

FELA allows injured railroad workers to have their cases decided by a group consisting of their peers, rather than the administrative authority overseeing workers compensation claims. FELA also does not limit the amount of compensation an injured worker could be awarded, whereas workers' compensation claims do.

It is crucial to understand the distinction between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They are required to take their cases to FELA. If you or someone close to you has been injured as an employee of a railroad it is essential to speak with a knowledgeable fela accident attorney lawyers.

Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us now to speak with an attorney. We are prepared to help you pursue the maximum benefits under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency basis that means you won't pay until we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. In contrast to workers compensation, which provide the same amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits and pain and suffering. Workers compensation, on contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities that is often less than the amount the worker is losing.

The FELA law is applicable to railroads that participate in interstate or global commerce. It allows injured employees and their families, to sue their employers for damages resulting directly from the company's negligence. This LibGuide is a good place to start your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources might require the use of a password.

This LibGuide is designed to be an educational supplement for Villanova law students. This guide is not intended to be construed as legal advice. Please consult an attorney if you need additional assistance.

Many people do not realize that FELA is a unique piece of legislation that grants specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are similar however, they are quite different. Injured railroad workers should be aware of the differences between these two types of claims to get the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or the injured employee in understanding the various types of damages they can claim. This will enable the injured person to receive the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for guidance.