Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with 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).
To win a FELA case, railroad workers need to prove two things. First, the injury must be the result of the negligence of their employer.
Workers' Compensation vs. FELA
While workers' compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA and workers' compensation differ in the way they determine fault, how damages are awarded and where cases are handled.
The risk of injury is very high for those working on railroads This is the reason FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event of being injured while on the job. In order to be compensated under FELA the worker must prove that their employer violated a federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims that are typically restricted based on the injury sustained, FELA is able to claim compensation for non-economic damages like emotional distress or loss of enjoyment living.
A difference between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For instance in the event that a worker was instructed to perform a task that was not in line with company policy and were hurt in the process the company could be held 50 percent accountable for their injuries.
Workers' compensation requires a faster timeline for filing a claim than a FELA case. In the case of a FELA claim, the statute of limitation is three years from the date your injury occurred, while in a workers' comp case, it is one year. This is why it is crucial to consult a seasoned FELA lawyer as soon as you can after your injury.
FELA Vs. State Law
If a railroad employee gets injured while at work, he or her may file a claim either under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus, a successful FELA claim requires evidence that railroad negligence was at play and that such negligence played a role in the injury to the worker.
The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad employee deaths and injuries were high. This resulted in the need for comprehensive coverage that went beyond the laws governing workers' compensation.
A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.
FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused in part or in full by such negligence.
FELA cases have improved tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working condition standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that their employees are protected in their workplace. This includes off-site places like private hotels which railroad employees may stay when traveling for business. A railroad attorney can help the railroad worker who has been injured to receive the full benefits she is eligible for under FELA.
FELA Vs. State Workers' Compensation Laws
If an employee is injured while on the job then he or she may apply for workers compensation benefits or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, cash payments and loss of future earnings however, they differ in significant ways.
Contrary to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that the evidence of negligence has to be provided.
FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, rather than the authority that oversees administrative workers compensation claims. In addition, FELA does not put an upper 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.
It is crucial to understand the difference between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone you know was injured while working as a railroad employee, it is important to talk with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're ready to help you maximize the benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed 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 telephone or in person to discuss your case. Our attorneys are on a contingency basis, which means that you won't be charged unless we succeed.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who was 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 provides medical expenses as well as lost wages (including future earning potential) and death benefits as well as pain and suffering. Workers' compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disability, which is often far lower than what the worker is losing.
The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their families to bring an action against their employer for any damages resulting from the negligence of the company. This LibGuide is a great place to start your research. It includes links to various online resources on the Villanova Law Library's website. Some of these resources require a password for access.
This LibGuide was created as a study aid to Villanova Law students. The information contained in this guide should not be taken as legal advice. You should consult with an attorney if you require additional assistance.
Many people are unaware that FELA provides railroad employees with special protections. fela railroad accident lawyer believe that FELA is similar to the state laws governing workers' compensation but they're not. Railroad workers injured in an accident should be familiar with the differences between these two types of claims in order to get the best representation. A lawyer with experience can help the family of a railway worker who has died or injured understanding the various types of damages available to them. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.