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Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To win a FELA case, railroad workers need to establish two things. The first is that the injury occurred as a result of the negligence of their employer.

Workers' Compensation vs. FELA

Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However, they differ in a couple of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of public and private jobs. FELA and workers' compensation are also different in terms of who determines the degree of fault, how damages are awarded and the manner in which cases are tried.

FELA was enacted because the risk of injury to railroad workers is very high. Congress passed this law to safeguard workers and their families as well as themselves in the event of accident on the job. In order to receive compensation under FELA workers must prove that their employer violated any federal law or regulation that pertains to workplace safety. 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 suffering and pain. Contrary to claims under workers' compensation, which are generally limited based on the type of injury suffered, a FELA can seek compensation for non-economic losses like emotional distress or loss of enjoyment of living.

Another distinction between FELA and workers' compensation is that to receive compensation under FELA the worker must prove that the employer was at least partially accountable for their injury. If a worker is determined to be the cause of their injuries, the amount of their injuries could be reduced. For example, if an employee was directed to perform a task that was against company policy and they were hurt in the process, the company could be held 50 percent responsible for their injuries.

Workers' compensation is a faster timeline for filing an claim than the FELA case. In a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' comp case, it is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured while working, he or she may file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires proof that railroad negligence was at play and that the negligence was responsible for causing the worker's injury.

The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad employee accident and death rates were high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation law.

In general, the majority of FELA claim must be filed in a federal employers’ liability act court since the FELA is a federal law. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.

FELA claims are similar to claims for workers' compensation in that they provide lost wages, medical costs, 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, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was caused in whole or in part because of the negligence.

FELA cases have influenced tort law by establishing of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site facilities such as private hotels, which railroad employees may stay while on business. A railroad attorney can help those who have suffered injuries to obtain the full 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, including medical coverage, cash payments and loss of future earnings but they differ in important ways.

Contrary to workers' compensation which allows workers to file without proving their employer was at fault, FELA requires the injured railroad worker to prove their employer violated a federal safety law that led to their injuries. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder 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 their peers, not the administrative authority that oversees workers' compensation claims. In addition, FELA does not put an upper limit on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damage awards in accordance with a set schedule.

It is crucial to understand the difference between these two laws, especially for railroad employees who aren't covered under state workers' compensation laws. They have to take their cases to FELA. If you or a loved one has been injured by an employee of a railroad it is essential to speak with a knowledgeable FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. 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 via telephone or in person to discuss your case. Our lawyers 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 allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which is a fixed amount regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads that operate in international or interstate commerce, and permits injured employees and their families to bring an action against their employer for any damages resulting from the negligence of the company. This LibGuide provides a starting point for research on this topic. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide is intended as a study supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. You should consult with an attorney if you require assistance.

Many people are unaware that FELA provides railroad employees with specific protections. While many believe that FELA and state workers' compensation laws are the same but they are vastly different. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away, or injured in understanding the various kinds of damages they can claim. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt while on the job, call an Designated Legal Counsel (DLC) firm for advice.