DefinitionFederal Employers Liability Act (FELA) of 1908 — a federal statute that provides for a liberalization of the rules for determining tort liability applicable to the liability of railroads to their employees for personal injury (PI). Under normal tort rules, the injured party must prove negligence on the part of the defendant and the absence of contributory negligence or assumption of risk on his or her own part. Under FELA, the employee need only show that any negligence on the part of the employer contributed to the injury. However, contributory negligence on the part of the employee reduces the recovery in proportion to the negligence attributable to the employee. The practical effect of this law, as interpreted over the years by the courts, has virtually been to impose a strict liability law on railroads with respect to injury to their employees in a manner very similar to workers compensation but without the limitation on benefits provided under the workers compensation laws. Related ProductsWorkers Comp  In most industries, people who are injured on the job have the option to file a claim with their employer and their employer’s insurance company in order to recover workers’ compensation benefits. Workers’ compensation is not available
to all employees in the United States, including people who work in the railroad industry. Railroad workers have their own separate system for receiving injury benefits. This system was established by the Federal Employers Liability Act (FELA). FELA is completely different from workers’ compensation, involving separate processes and benefits. Workers’ compensation benefits are available to most of the country’s workers, with a few exceptions. Benefits
are provided to employees through a claims process that is facilitated by the employer and their insurance provider. The terms of workers’ compensation can vary between states. FELA is a federal system that exists exclusively in the railroad industry. Only railroad workers are entitled to FELA benefits. Under the workers’ compensation system, employees can receive benefits without proving the fault of their employer. In most workers’ compensation cases,
liability is often irrelevant (except in cases of misconduct or gross negligence). In comparison, proving fault is necessary to recover FELA benefits. A railroad worker who is injured on the job must prove the negligence of their employer in order to be compensated. Because proving fault is necessary, railroad workers can bring their claim into court. FELA claimants can present their case in front of a jury — FELA trials are more like lawsuits than claim appeals (as is the case with
workers’ compensation). Other DifferencesBenefits are administered differently under the workers’ compensation system and FELA. Workers’ compensation beneficiaries often have their benefits capped at certain amounts according to the type and severity of their injuries. Additional compensation may need to be pursued through an appeal or a separate claim if the initial award is not sufficient. FELA compensation, however, is not limited. Workers’ compensation benefits and FELA benefits cannot be received at the same time, because railroad employees are not entitled to typical workers’ compensation benefits. The Federal Employers Liability Act was created in place of workers’ compensation. Its terms and processes are specific to the needs of people who work in the railroad industry. Whatever industry you work in, McHargue & Jones, LLC can help if you were injured on the job. Our attorneys are well-versed in workers’ compensation law and the Federal Employers Liability Act. Contact us today to discuss your case. To schedule a free case evaluation with our legal team, complete our contact form or call (312) 487-2461.Which of the following statements is false regarding Workers' Compensation law? Employers are liable for injuries occurring outside the course of employment Employers Liability Insurance is designed to do all of the following, except: Extend policy benefits to states not listed on the Declarations page Which statement is false regarding Workers' Compensation? Employees may elect not to be covered at policy inception or renewal Most states provide Workers' Compensation medical benefits coverage up to what limit? Which of the following workers would be covered by The Federal Employers Liability Act? All of the following statements regarding a Workers' Compensation policy are correct, except:
Part Two of a Workers' Compensation Policy provides unlimited coverage Which coverage is not included in a Workers' Compensation policy? Which of the following is true about the Assigned Risk Plan? It is intended for employers who are unable to purchase in the voluntary market Temporary Total Disability may be described as: Inability to return to any employment while recovering Which of the following workers would be covered by The Federal Employees Compensation Act? An employee of the Federal government Which type of regulatory environment permits Workers' Compensation benefits only through a state fund? All of the following are excluded from the Workers' Compensation Law, except: Employee W suffered a work-related back injury at a previous job. After being hired by a new company, W fell down a flight of stairs at work and reinjured his back? Which of the following is true regarding Employee W's benefits? The Second Injury Fund will pay compensation to the extent the prior disabling injury contributed to the second injury Under the Workers' Compensation policy, the insurer may audit records pertaining to the policy for up to how many years after the policy period ends? All of the following statements regarding the Voluntary Compensation endorsement is correct, except: It exempts employers from state Workers' Compensation law. |
Which of the following workers would be covered by the federal employers liability act
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