What Do You Know About Federal Employers? Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. Contrary to the majority of workers insurance laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a FELA claim, railroad workers must demonstrate two things. The first is that the injury was the result of negligence by their employer.

FELA against. Workers' Compensation

While workers' compensation and FELA both seek to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA and workers' compensation differ in regards to who decides the degree of fault, how damages are awarded and the manner in which cases are tried.

FELA was passed because the risk of injury for railroad workers is very high. Congress passed this law to protect workers, their families and themselves in the event of injury while working. In order to be compensated under FELA the worker must show their employer violated a federal law or regulation related to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

fela case settlements provides compensation for suffering and pain, which are not covered by workers' compensation. In contrast to claims for workers' compensation, which are generally limited based on the type of injury sustained, FELA is able to seek compensation for noneconomic damages that include emotional distress or loss of enjoyment living.

Another distinction between FELA and workers compensation is that in order to get compensation under FELA workers must prove that the employer was at least partially responsible for their injuries. If a worker's injury is determined to be the fault of the company the damages they suffer could be reduced. For instance in the event that a worker was instructed to do something that was not in line with company policy and suffered injuries due to the incident the company could be held 50% responsible for their injuries.

Workers' compensation cases have a shorter timeline to file an claim. 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 limitations is 1 year. This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury.


FELA in vs. State Law

If a railroad employee is injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to 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 provide compensation for railroad workers who are injured because of the nature of their job. Prior to the passing of this law, injury and death rates among railroad workers were extremely high. This led to the need for a comprehensive coverage that went beyond the laws governing workers' compensation.

In general it is the case that the majority of FELA claim must be filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.

Like workers compensation, like workers' compensation, a FELA claim compensates the injured worker with lost wages, medical expenses and damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or violation a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the death or injury was caused in total or in part because of the negligence.

FELA cases have helped improve tort law by setting precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site facilities such as private hotels where railroad employees may stay for business purposes. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full benefits is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker sustains an injury while working or at work, they may seek workers' compensation or sue their employer under FELA. Both laws offer similar benefits, such as medical coverage, cash payments, and future earnings loss but they differ in important ways.

Contrary 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 prove that their employer did not comply with 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 as the evidence of negligence must be presented.

FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. Additionally, FELA does not put any limit on the amount of damages that may be granted to an injured worker and workers' compensation claims limit damage awards according to a pre-determined timetable.

It is essential to understand the difference between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They are required to pursue their cases under FELA. If you or someone you love was injured as a railroad employee, it is important that you speak with experienced FELA lawyers.

Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We're ready to assist you receive the best benefits from 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 family members in FELA lawsuits. We offer free consultations and are available by phone or in person to discuss your case. Our attorneys are on a contingent basis, meaning you won't be charged unless we succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp which is an amount that is fixed regardless of the 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, lost wages (including future earning potential) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their families to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide is a good place to start your research. It provides links to various online resources on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to provide legal advice. Please consult an attorney if you require additional assistance.

Many workers are unaware that FELA is a unique piece of legislation that offers specialized protections to railroad employees. While many 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 in order that they can get the most effective representation. In the case of an injury, a qualified lawyer can assist 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. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.