Workers Compensation Vs federal railroad Employers? Liability

If railroad workers suffer injuries on the job, they face particular legal challenges. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

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

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate employees for work-related injuries or illnesses However, these two laws differ in a variety of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, and how much damages are awarded and how and where the cases are decided.

FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard workers and their families in the event that they are injured while on the job. To receive compensation under FELA the worker must show the employer violated the federal law or regulation related 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 pain and suffering, which are not covered by workers' compensation. Unlike workers' compensation claims, which are generally capped based on the injuries suffered, a FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment living.

A distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If the injury suffered by a worker is found to be their fault, their damages could be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and suffered injuries in the process the company could be held 50 percent accountable for their injuries.

Workers' compensation cases require a shorter timeline to submit claims. In a FELA case, the statute of limitations is 3 years from the date of your injury, while in the case of workers' compensation the statute of limitation is 1 year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured on the job and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who was at fault 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 was enacted in 1908 and was intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad worker accident and death rates were high. This sparked the need to offer railroad workers a comprehensive coverage, which exceeds the workers' compensation laws.

In general, the majority of FELA claim must be filed in federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.

Like workers' compensation, the FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as the cost of suffering. These damages are based on the fact that a railroad was liable for the injury or death because of its negligence or in violation of a safety statute like 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 completely due to such negligence.

FELA cases have improved tort law by creating precedent for issues such as railroad emotional distress, damages distribution and working conditions requirements. FELA claims, in particular have drawn national attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site locations such as private hotels where a railroad's workers might be staying for business purposes. A railroad attorney can help the railroad worker who has been injured to receive the full benefits is entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured on the job, he or she can file for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law which caused 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 more difficult 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 decided by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of damages an injured worker can receive, while workers' compensation claims do.

The difference between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or a loved one was injured as an employee of a railroad it is crucial to speak with a knowledgeable FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're ready to help you maximize the benefits under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are available to discuss your case by telephone or in person. Our attorneys also operate on a contingency basis, which means you don't pay until we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disability which is usually lower than what a worker has lost.

The FELA law is applicable to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages directly resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. The LibGuide contains links to online resources on the Villanova Law Library website. Access to some of these resources might require a password.

This LibGuide is intended as a study supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. If you require more help seek advice from an attorney.

Many people do not realize that FELA is a unique piece of legislation that grants special protections to railroad workers. While many believe that FELA and state workers' compensation laws are the same, they are very different. Injured railroad workers should be familiar with the differences between these two kinds of claims to receive the most effective representation. A qualified lawyer can assist the family of a railroad worker who has died or the injured employee in understanding the different types damages that they are entitled to. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for guidance.