15 Things You've Never Known About Federal Employers

Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured while on the job. Unlike most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To win a FELA claim, railroad workers must demonstrate two things. First the injury must be caused by their employer's negligence.

FELA Vs. Workers' Compensation

While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a broad range of public and private jobs. FELA and workers' compensation differ in terms of who determines the fault, how damages are awarded, and where and how cases are tried.

The risk of being injured is high for people working on the railroad This is the reason FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event that they are injured while on the job. To be eligible for compensation under FELA workers must demonstrate that their employer violated any 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 future and past loss of wages and medical treatments, FELA provides for damages which aren't covered under workers' compensation, including pain and suffering. Unlike a workers' compensation claim, which is typically limited to a certain amount based upon the severity of injuries and other injuries, a FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must prove that the company was at least partially accountable for their injury. If a worker's injury is determined to be the fault of the company the damages they suffer could be reduced. If a worker is injured because they were told to do something against company policy, and the company is held 50% responsible for instance, the company may be held 50% responsible.

Workers' compensation is a faster timeline for filing a claim than a FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim, the statute of limitations is one year. This is why it is important to contact an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

If a railroad worker gets injured on the job the worker can file a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. Therefore an effective FELA claim requires proof that railroad negligence was at play and that negligence played a role in the injury of the worker.

The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This sparked the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.

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

Like workers' compensation, like workers' compensation, a FELA claim is a way to provide the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based on the fact that a railroad is responsible for the death or injury because of its negligence or in violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA claimant must show that the injury or death was caused in whole or in part due to such negligence.

FELA cases have benefited tort law by establishing precedent for issues such as emotional distress in the railroad as well as damages distribution and working condition standards. In particular, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site facilities like hotels that private parties use where railroad employees may stay while traveling for business reasons. A good railroad attorney can help an injured railroad worker obtain the full benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker suffers an injury while working and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits like financial compensation and medical coverage. However, they are different in important ways.

Contrary to workers' compensation which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that led to their injuries. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims as evidence of negligence is required.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a panel of their peers rather than the administrative authority who oversees workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that may be given to injured workers, while workers' compensation claims limit damages in accordance with a set schedule.

The difference between these two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker, it is important to talk with experienced FELA attorneys.

To know more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are prepared to help you maximize the benefits that are available under FELA. Click here to go to the National Division BLET's website to locate a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available to discuss your situation by phone or in person. Our lawyers also operate on a contingency fee which means that you don't pay unless we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injury claims. Unlike 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.

In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually falls far short of covering the true costs of a worker.

The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their families to file an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point to research this issue. It provides links to various online resources on the Villanova Law Library's website. Access to some of these resources may require an account password.

This LibGuide was designed as a study aid to Villanova Law students. Nothing in this guide should be taken 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 offers specific protections to railroad employees. Although many believe that FELA and state workers' compensation laws are alike but they are vastly different. Injured railroad workers should be aware of the distinctions between these two types of claims in order to receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away or injured understanding the various types of damages they can claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.