Notes

Question: How Much Do You Know About Federal Employers?
fela railroad settlements accidentinjurylawyers.claims ? Liability

Railroad workers face unique legal hurdles when they are injured at work. Contrary to the majority of workers insurance laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To prevail in a FELA case railroad workers must establish two things. The first is that the injury was the result of their employer's negligence.

FELA vs. Workers' Compensation

While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work However, these two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public sector jobs. FELA differs from workers' compensation in that it is decided 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 because the risk of injury to railroad workers is extremely high. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury while working. In order to be compensated under FELA workers must prove that their employer has violated a federal statute 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 pain and suffering. Contrary to a workers' comp claim, which is usually restricted to a maximum amount based on injuries however, a 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 to get compensation under FELA workers must show that the company was at a minimum partially responsible for their injuries. If a worker is determined to be the cause of their injuries the amount of damages may be reduced. For example, if the worker was told to do something that was not in line with company policy and were hurt in the process, the company could be held 50 percent responsible for their injuries.

Workers' compensation has an earlier filing time for claims than the FELA case. In the case of a FELA case, the statute of limitations is three years from date of your injury, when in the case of workers' compensation, the statute of limitations is one year. Therefore, it is important to speak with an FELA lawyer experienced in the earliest time you can after your injury.

FELA in vs. State Law

If a railroad worker gets injured while working, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of injuries to the worker.

The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were very high. This led to the need for comprehensive coverage that went beyond the laws governing workers' compensation.

In general the majority of cases, a FELA claim must be filed in a federal court because 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 who claimed that his employer was responsible under the FELA.

Similar to workers' compensation and workers' compensation, the FELA claim compensates the injured worker with wages lost, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the death or injury was caused in total or in part by the negligence.

FELA cases have improved tort law by creating precedents for issues like emotional distress in the railroad and damages distribution as well as working conditions standards. FELA claims particularly have drawn national attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site facilities like private hotels which railroad employees may stay when traveling for business. An attorney for railroads can assist a railroad worker who has been injured receive the full benefits can claim under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job, he or she can file for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including medical coverage and monetary payouts. However they differ in some important ways.

Unlike workers' compensation, which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims because evidence of negligence is required.

FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, rather than the administrative authority overseeing workers compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be given to injured workers while workers compensation claims limit damage awards in accordance with a set schedule.

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

Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak to a lawyer. We're prepared to assist you pursue the maximum benefits that are available under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency basis, which means you don't pay unless we are successful in settling your case.


FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injuries claims. Unlike workers compensation, which provide the same amount of benefits regardless of who is 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, lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Workers compensation, on the contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability that is often less than what a worker has lost.

The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their families to bring a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. It includes links to various online resources available on the Villanova Law Library's website. Access to some of these resources might require the use of a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. Please consult an attorney should you require assistance.

Many workers 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 laws on workers' compensation are similar, they are very different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they can get the most effective representation. A lawyer with experience can help the family of a railway worker who has passed away or injured in understanding the various kinds of damages available to them. The injured worker will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.

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