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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. Contrary to the majority of workers' compensation laws, railroad employees 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. First, the injury must have been caused by their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate employees for illnesses or injuries that occur during work, these two laws differ in a variety of ways. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs within the public and private sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded, and the manner in which and where the cases are decided.

The risk of being injured is a high risk for workers on the railroad, which is why FELA was enacted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA the worker must prove the employer violated a federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, 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 in order to get compensation under FELA the worker must prove that the employer was at least partly responsible for their injury. If the injury suffered by a worker is determined to be their fault, their damages could be reduced. For instance when a worker was instructed to perform a task that was against company policy and they were hurt as a result the company could be held 50 percent responsible for their injuries.

Workers' compensation is an earlier timeframe for filing an claim than a FELA case. In the case of a FELA case the statute of limitation is three years from date of your injury, when in a workers' compensation claim the statute of limitations is one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a worker on the railroad is injured on the job, 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 is responsible for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in the worker's injuries.

The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who have been injured because of the nature of their job. Prior to the passage of this law, death and injury rates among railroad employees were quite high. This sparked the need to offer railroad workers a extensive coverage that is greater than workers' compensation law.

In general, a FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.

Like workers compensation as well, the FELA claim is a way to provide the injured worker with compensation for lost wages and medical expenses as well as damages for pain and suffering. These damages are based on the notion that a railroad was liable for the injury or death because of its negligence or a violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, fela settlements must prove that the injury or death was caused in total or in part due to the negligence of the railroad.

FELA cases have improved tort law by setting precedent for issues such as emotional distress on the railroad, damages distribution and working conditions requirements. FELA claims particularly, have brought federal attention to an employer's obligation to provide a safe working environment for its workers. This includes off-site locations like hotels that private parties use in which railroad workers may be staying for business purposes. A good railroad attorney can assist a railroad worker obtain the full benefits to which they are entitled to 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. Both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings but they differ in important ways.

In contrast to workers' compensation, which allows workers to file without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law that led to their injuries. This includes laws like 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 since proof of negligence is required.

FELA allows railroad workers who are injured to have their cases ruled by a committee of their peers, not the authority that oversees administrative workers compensation claims. FELA does not also limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.

The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured by an employee of a railroad, it is important to speak with a professional FELA lawyers.

Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We're here to help you get the most benefits from FELA. Click here to visit the National Division BLET's website to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer no-cost consultations, and are available by phone or in person to discuss your case. Our lawyers work on a contingent basis, which means that you will not be charged unless you prevail.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers compensation, which provide the same amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits as well as 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. This usually is not enough to cover the true costs of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide offers a base for further research on this subject. The LibGuide includes links to online resources 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 taken as legal advice. If you require more help you should consult an attorney.

Many people are unaware that FELA offers railroad workers specific protections. Though many people believe that FELA and state laws on workers' compensation are alike, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive the best representation. In the case of an injury, a qualified lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.