Notes

Why Do So Many People Are Attracted To Federal Employers?
Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries on the job, they face unique legal issues. In contrast to most workers insurance laws, railroad employees 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 be able to prove two things. First, that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to pay employees who suffer work-related injuries or illnesses. However they differ in couple of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of private and public sector jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, damages are awarded and how and when cases are heard.

The risk of injury is a high risk for workers on the railroad, which is why FELA was enacted in 1908. Congress passed the law to protect the families of workers in the event of being injured on the job. In order to be compensated under FELA the worker must prove that their employer violated the federal law or regulation related to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by' compensation, including suffering and pain. Unlike workers' compensation claims, which are generally restricted based on the injury sustained, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living.

A distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the company was at the minimum partially responsible for the injury. If the injury suffered by a worker is found to be the fault of the company the damages they suffer could be reduced. For example in the event that an employee was directed to do something that was against company policy and they suffered injuries in the process the company could be held 50% responsible for their injuries.

Workers' compensation cases have a shorter timeline to submit an claim. In the case of a FELA claim, the statute is three years from the time the injury occurred, but in a workers' compensation case, it is one year. This is why it is important to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA vs. State Law

If a railroad employee is injured while at work and is injured, they can make a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Consequently the successful FELA claim requires proof that the railroad was negligent and that the negligence contributed to the injury of the worker.

The FELA, which was passed in 1908, is designed to provide compensation for railroad workers who have been injured due to the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were extremely high. This sparked the need to provide railroad workers with extensive coverage that is greater than workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for FELA.

Like workers' compensation as well, a FELA claim provides the injured worker with wages lost as well as medical expenses, damages for pain and suffering. The basis for these damages is the fact that the railroad was responsible 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. A FELA claimant also has to show that the injury, or death was caused in part or completely due to such negligence.

FELA cases have influenced tort law through the establishment of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards. FELA claims particularly have sparked national attention to a non-delegable employer's duty to provide a safe work environment for its workers. This includes off-site locations like hotels that private parties use where a railroad's workers might stay while traveling for business purposes. A good railroad attorney can help an injured railroad worker get the full benefits that they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws


If a worker sustains an injury on the job 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 medical coverage and monetary payouts. However fela railroad settlements differ in a number of important ways.

Unlike workers' compensation, which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated a federal safety law 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. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence must be provided.

FELA allows railroad workers who are injured to have their cases ruled by a group consisting of their peers, and not the administrative authority responsible for deciding workers' compensation claims. FELA does not restrict the amount of compensation an injured worker could receive, while workers' compensation claims do.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you love has been injured on the job as a railroad employee, it is crucial to speak with a professional 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 here to help you obtain the maximum benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken 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 available to discuss your case by phone or in person. Our lawyers are on a contingency basis, meaning you won't be charged unless we win.

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 provide the same amount of benefits regardless of who is responsible for the accident, 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, lost earnings (including future earning capacity) as well as death benefits as well as suffering and pain. Workers' compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disabilities, which is often far less than what the worker is losing.

The FELA law is applicable to railroads involved in international or global trade. It permits injured employees, as well as their families, to sue their employers for damages resulting directly from the negligence of the company. This LibGuide offers a base for research on this topic. It provides links to various online resources available on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to be construed as legal advice. Please consult an attorney if you need assistance.

Many workers do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people believe that FELA is like the state laws governing workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the differences between the two types of claims so that they can get the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away or injured in understanding the various kinds of damages they can claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.

My Website: https://vimeo.com/708186914