5 Clarifications On Federal Employers

Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they suffer injuries on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

In order to prevail in a FELA claim railroad workers must be able to prove two things. First, they must prove that the injury occurred as a result of negligence by their employer.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a broad range of jobs within the public and private sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, and how much damages are awarded and the method by which and when cases are heard.

FELA was passed due to the risk of injury to railroad workers is very high. Congress passed the law to protect workers and their families in the event of being injured while on the job. In order to be compensated under FELA the worker must prove that their employer violated a federal law or regulation relating to workplace safety. 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' comp. In contrast to a workers' compensation claim, which is generally capped at an amount based on the severity of injuries however, an FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

A difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker's injury is found to be the fault of the company their damages can be reduced. If a worker is injured because they were told to do something against company policy, and the company was found to be 50% responsible for the incident, then the company may be held to be 50% responsible.

Workers' compensation requires an earlier timeframe for filing an claim than the FELA case. In the case of a FELA claim, the statute of limitation is three years from when your injury occurred, whereas in a workers' comp case, it is one year. This is the reason it is essential to contact an experienced FELA lawyer immediately following your injury.

FELA in vs. State Law

If a railroad worker is injured while at work, he or her may pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires evidence that railroad negligence was at play and that negligence played a role in the injury to the worker.

The FELA, which was passed in 1908, was enacted to compensate railroad workers who are injured because of their job. Prior to the passing of this law, injury and death rates among railroad workers were quite high. This led to the need for a comprehensive coverage that went beyond workers' compensation laws.

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

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

FELA cases have improved tort law by creating precedent for issues such as emotional distress on the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site places such as hotels owned by private individuals where railroad employees may stay to work. An experienced attorney for railroads can assist a railroad worker receive the full benefits to which he or she is entitled 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 his employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings, they differ in important ways.

Unlike workers' comp which permits employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that caused 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 harder 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 a jury trial and have their case determined by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA does not restrict the amount of compensation an injured worker can receive, while workers' compensation claims do.

The distinction between these two statutes is important to understand, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you has been injured as a railroad employee it is essential to consult with experienced FELA lawyers.

To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to assist you receive the best benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case by phone or in person. Our attorneys are on a contingency basis, meaning that you won't be charged unless we succeed.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation, which provides an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of 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 pain and suffering. Workers' compensation, on the contrary, provides temporary medical care and a fixed amount of money to cover long-term disability that is often less than what the worker is losing.

The FELA law applies to railroads that are involved in global or interstate commerce. It allows injured employees and their families to sue their employers for damages directly resulting from the company's negligence. This LibGuide is a good place to start your research. It includes links to various online resources on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to constitute legal advice. If you require further assistance you should consult an attorney.

Many people do not realize that FELA is a distinct piece of legislation that offers specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are similar however, they are quite different. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they can get the best representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will enable the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.