Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they face unique legal issues. In contrast to most workers insurance laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
To prevail in a FELA claim, railroad workers must prove two things. First the injury must be the result of the negligence of their employer.
FELA against. Workers' Compensation
Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However they differ in couple of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides the degree of fault and the way in which damages are awarded and where cases are decided.
The risk of being injured is a high risk for workers on railroads This is the reason FELA was adopted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured on the job. To receive compensation under FELA the worker must prove the employer violated any federal law or regulation related to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is generally restricted to a maximum amount based upon the severity of injuries and other injuries, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.
The main distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If a worker is found to be responsible for their injury, the amount of their damages could be reduced. For instance when a worker was instructed to do something that was against company policy and they were injured as a result, the company could be held 50% responsible for their injuries.
Workers' compensation cases require shorter timeframes to submit a claim. In a FELA claim, the statute is three years from the time the injury occurred, but in a workers' comp case, it's one year. It is therefore crucial to consult an FELA lawyer experienced in the earliest time you can following your injury.
FELA vs. State Law
When a railroad worker is injured on the job and suffers an injury, they can submit a claim for compensation under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused injuries to the worker.
The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad employee accident and death rates were high. This sparked the need to offer railroad workers a complete coverage, which is higher than the workers' compensation laws.
A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.
Like fela railroad accident lawyer , a FELA claim compensates the injured worker with compensation for lost wages, medical expenses and damages for pain and suffering. These damages are based upon the fact that the railroad was liable for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was a result of the whole or in part by such negligence.
FELA cases have improved tort law by establishing of precedents in areas such as a railroad emotional distress and damages allocation as well as working conditions standards. FELA claims particularly have sparked national attention on the issue of an employer's obligation to provide a safe work environment for its employees. This includes off-site locations such as hotels owned by private individuals where railroad employees may stay while traveling for business reasons. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full benefits he or is entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker suffers 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. Both laws offer similar benefits, including cash payouts and medical coverage. However they differ in a number of important ways.
Unlike workers' comp which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law 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. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required.
FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, not the administrative authority overseeing workers' compensation claims. In addition, FELA does not put an upper limit on the amount of damages that can be awarded to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule.
The difference between these two statutes is important to know, particularly for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker, it is important to talk with experienced FELA attorneys.
To find out more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits from FELA. Click here to visit the National Division BLET's website to locate a certified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your case over the phone or in person. Our lawyers are on a contingency basis, meaning you won't be charged unless we prevail.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers compensation, which offers an amount that is fixed 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 and lost earnings (including future earning capacity), death benefits, and suffering and pain. Workers compensation, on other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability which is usually less than the amount the worker is losing.
The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide is a great place to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Access to certain resources might require a password.
This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to be construed as legal advice. Consult an attorney should you require additional assistance.
Many people do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are alike however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order that they receive the best representation. A lawyer with experience can help the family members of a railroad worker who has passed away, or injured in understanding the various types of damages they can claim. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.