15 Things You Didn’t Know About Federal Employers

Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured while on the job. Railroad employees, unlike many workers’ compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers’ Liability Act.

To win a FELA claim, railroad workers must be able to prove two things. First the injury must be proven to be caused by their employer’s negligence.

FELA against. Workers’ Compensation

While workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses, these two laws differ in a number of ways. FELA only applies to railroad workers whereas workers’ compensation is applicable to a broad range of jobs within the private and public sectors. FELA and workers’ compensation also differ in terms of who determines the degree of fault and the way in which damages are awarded and the manner in which cases are decided.

The risk of injury is a high risk for workers on railroads, which is why FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event of being injured while on the job. In order to be compensated under FELA the worker must show their employer has violated any federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers’ comp. In contrast to a workers’ compensation claim, which is usually limited to a certain amount based upon the severity of injuries and other injuries, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

Another difference between FELA and workers’ compensation is that to get compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injuries. If a worker’s injury is determined to be attributable to them, their damages could be reduced. If a worker gets hurt due to being told to do something against company policy and the company was found to be 50% accountable for instance, the company could be held at 50% accountable.

Workers’ compensation cases have a shorter timeline to make an claim. In the case of a FELA case, the statute of limitations is three years from the date of your injury however, in a workers’ compensation claim the statute of limitation is 1 year. This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA Vs. State Law

If a railroad worker is injured at work, he or her may pursue a claim under the Federal Employers Liability Act or workers’ compensation. Unlike workers’ compensation statutes that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that railroad negligence was at play and that the negligence was responsible for causing the worker’s injury.

The FELA, which was passed in 1908, was enacted to compensate railroad employees who have suffered injuries because of their work. Prior to the passing of this law, injury and death rates among railroad workers were very high. This sparked the need to provide railroad employees with complete coverage, which is higher than the workers’ compensation laws.

In general, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was liable 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 and medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was liable for the injury or death due to its negligence or violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition, a FELA plaintiff must prove that the death or injury was caused in whole or in part because of such negligence.

FELA cases have helped improve tort law by establishing precedents for issues like emotional distress on the railroad, damages distribution and working condition standards. FELA claims particularly have drawn national attention to an employer’s obligation to provide a safe and secure work environment for its employees. This includes off-site places such as private hotels where a railroad’s workers might stay while traveling for business purposes. The right railroad attorney 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 a worker is injured while working and suffers an injury on the job, they can claim workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in important ways.

In contrast to workers’ compensation which allows employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers’ compensation claim as evidence of negligence must be presented.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a group of their colleagues rather than the administrative authority who oversees workers compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers’ compensation claims do.

It is important to know the difference between these two statutes, particularly for railroad workers who aren’t covered under state workers’ compensation laws. They must be pursuing their cases under FELA. If you or someone you love was injured while working as a railroad employee, it is essential to 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 prepared to assist you pursue the maximum benefits available under FELA. Click here to go to the National Division BLET’s website 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 no-cost consultations, and are available via phone or person to discuss your case. Our lawyers also operate on a contingency basis that means you won’t pay until we are successful in settling your case.

FELA Vs. State Workers’ Compensation Statutes

The Federal Employers’ Liability Act (FELA) gives railroad workers the ability to sue their employers over injuries claims. Contrary to workers’ compensation which is a fixed amount regardless of the fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

Fela Rights Protection also covers medical expenses, lost wages (including future earning potential) as well as death benefits as well as suffering and pain. In contrast workers’ compensation gives only temporary medical benefits and a fixed amount of money for long-term disability. This usually does not cover a worker’s true losses.

The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their families to bring an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a great place to begin your research. It includes links to various online resources that are available on the Villanova Law Library’s website. Some of these resources require a password to access.

This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to be legal advice. If you need more assistance you should consult an attorney.

Many workers do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Many people are mistakenly thinking that FELA is like state laws on workers’ compensation, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they can get the best representation. In the case of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim. The injured worker will be able to receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.