Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured on the job. Unlike most workers insurance laws, railroad employees have the right to sue their employers under federal law specifically the Federal Employers' employers’ liability act fela Act (FELA).

To prevail in a FELA claim railroad workers must demonstrate two things. First the injury must be proven to be the result of their employer's negligence.

FELA vs. Workers' Compensation

While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and where cases are heard.

FELA was enacted because the risk of injury to 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 receive compensation under FELA, the worker must prove that their employer has violated the federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Contrary to a workers' comp claim, which is typically capped at an amount based on injuries, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

A distinction between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If a worker is determined to be at fault for their injury the amount of damages may be reduced. For instance in the event that a worker was instructed to do something in violation of company policy and suffered injuries as a result, the company could be held 50% responsible for their injuries.

Workers' compensation has a faster timeline for filing claims than a FELA case. In a FELA case the statute of limitations is three years from date of your injury when in the case of workers' compensation the statute of limitations is one year. This is why it is crucial to contact an experienced FELA lawyer immediately following your injury.

FELA in vs. State Law

When a railroad worker is injured on the job, he or she may submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Therefore the successful FELA claim requires evidence that the railroad was negligent and that such negligence contributed to causing the worker's injury.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passing of this law, injury and death rates among railroad employees were very high. This led to the need for a comprehensive coverage that goes beyond the workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. For instance an upcoming case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable under the FELA.

Like workers compensation and workers' compensation, a FELA claim provides the injured worker with wages lost and medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death due to its negligence or in violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death was caused partially or in full by such negligence.

FELA cases have helped improve tort law by creating precedents for issues like emotional distress in the railroad as well as damages distribution and working condition standards. FELA claims specifically have sparked national attention on the issue of an employer's obligation to provide a safe and secure work environment for its employees. This includes off-site facilities such as hotels owned by private individuals where railroad employees may be staying to work. An experienced attorney for railroads can help an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured while on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, monetary payouts and loss of future earnings however, they differ in significant ways.

Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult 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 an open jury trial and be ruled on by a panel of their peers, not the administrative authority who oversees workers compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be granted to an injured worker, while workers compensation claims limit damages based on a pre-determined schedule.

It is important to know the distinction between these two laws, especially for railroad workers who are not covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you love was injured on the job as a railroad worker it is essential to speak with a professional FELA lawyers.

To learn more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to help you maximize the benefits under FELA. Click here to go to the National Division BLET's site to find a certified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our attorneys are on a contingency basis, which means that you will not be charged until we win.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp, which pays an amount fixed, regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering the true costs of a worker.

The FELA law applies to railroads that are involved in international or global trade. It permits injured employees, as well as their families to sue their employers for damages resulting directly from the negligence of the company. This LibGuide offers a base for research on this topic. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you need more assistance, please consult an attorney.

Many people do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the best representation. A qualified lawyer can assist the family members of a railroad worker who has passed away or injured in understanding the various types of damages available to them. The injured person can receive the maximum amount of compensation permitted by FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.