Notes

3 Ways The Federal Employers Can Influence Your Life
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. Unlike most workers' compensation laws, railroad workers are able 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 prove two things. The first is that the injury was the result of the negligence of their employer.

Workers' Compensation vs. FELA

Workers' compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However they differ in a number of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of private and public jobs. FELA and workers' compensation are also different in terms of who determines fault, how damages are awarded and the manner in which cases are decided.

FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard the families of workers in the event they were injured while on the job. In order to receive compensation under FELA the worker must prove that their employer violated the federal law or regulation that relates to safety in the workplace. 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 income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. Contrary to a workers' comp claim, which is generally capped at an amount based on injuries, an FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.


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 a worker's injury is determined to be their fault their damages can be reduced. For instance when an employee was directed to do something against company policy and they were injured as a result the company could be held 50 percent responsible for their injuries.

Workers' compensation cases require an earlier time frame to make an claim. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker is injured at work, he or her may make a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that the railroad was negligent and that such negligence played a role in the injury to the worker.

The FELA, which was passed in 1908, is designed to compensate railroad workers who are injured due to the nature of their job. Prior to the passage of this law, railroad employee death and injury rates were high. This resulted in the need for a comprehensive coverage that goes beyond workers' compensation laws.

In general it is the case that an 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 the case that was recently heard in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the FELA.

FELA claims are similar to claims for workers compensation in that they cover lost wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was responsible 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. A FELA plaintiff must show that the injury, or death was caused partially or in totality due to the negligence.

FELA cases have influenced tort law by establishing of precedents for issues like emotional distress on the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that their employees are protected in their workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may stay while traveling for business reasons. A railroad attorney can help a railroad worker who has suffered injuries to obtain the full benefits he or can claim under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, cash payouts and loss of future earnings but they differ in important ways.

Unlike workers' comp which allows employees to claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad worker 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. 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 decided by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker and workers' compensation claims limit damages in accordance with a set schedule.

It is essential to understand the difference between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They are required to take their cases to FELA. If you or a loved one has been injured by a railroad employee, it is important that you speak with a professional FELA lawyers.

Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're ready to help you maximize the benefits that are available under FELA. Click here to go to the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. fela accident attorney offer free consultations and are able to discuss your case by phone or in person. Our lawyers also work on a contingency basis which means that you don't pay unless we win your case.

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 offers a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often falls far short of covering the actual losses of a worker.

The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide was designed as a study aid for Villanova Law students. This guide is not intended to be 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 grants special protections to railroad workers. Though many people believe that FELA and state workers' compensation laws are alike but they are vastly different. Railroad workers injured in an accident should be familiar with the distinctions between these two types of claims to get the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. This will enable the injured worker to get the maximum amount of compensation under FELA. If you are a railroad worker who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.

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