Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they are injured while on the job. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA case, railroad workers need to establish two things. First, that the injury was the result of the negligence of their employer.
FELA Vs. Workers' Compensation
Workers compensation and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However they differ in couple of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and how and where the cases are decided.
FELA was passed because the risk of injury to railroad workers is very high. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must prove their employer violated any federal law 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.
FELA also offers compensation for pain and suffering, which are not covered by workers' comp. Unlike a workers' compensation claim, which is generally capped at an amount based upon the severity of injuries, an FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment 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 company was at the minimum partially responsible for the injury. If a worker is determined to be the cause of their injuries the amount of their injuries could be reduced. If a worker gets hurt because they were told to follow company policy, and the company is held 50% responsible, for example, then the company may be held 50% responsible.
Workers' compensation cases require shorter timeframes to make claims. In a FELA claim, the statute of limitation is three years from the date your injury occurred, while in a workers' compensation case, it is one year. It is therefore important to consult a FELA lawyer experienced in the earliest time you can after your injury.
FELA Vs. State Law
If a railroad worker is injured while at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in the injuries suffered by the worker.
The FELA law, which was enacted in 1908, was designed to compensate railroad workers who have been injured because of their job. Prior to the passing of this law, death and injury rates among railroad workers were very high. This resulted in the need for a comprehensive insurance that went beyond 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 courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA.
FELA claims are similar to claims for workers compensation claims in that they cover lost wages, medical costs, and pain and suffering damages. These damages are based on the fact that the railroad was responsible for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must show that the injury or death was caused in total or in part because of the negligence.
FELA cases improved tort law through the establishment of precedents in areas such as emotional distress in the railroad and damages allocation, as well as working conditions standards. FELA claims particularly, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site places like private hotels which railroad employees may stay when traveling for business. An attorney for railroads can assist those who have suffered injuries to obtain the full benefits he or she is eligible for under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured on the job, injury on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, monetary payouts, and future earnings loss but they differ in important ways.
Contrary to workers' compensation which allows employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration and 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 has to be provided.
FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, and not the administrative authority overseeing workers' compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may be awarded to an injured worker while workers' compensation claims limit damage awards based on a pre-determined schedule.
The difference between these two statutes is important to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you love was injured while working as a railroad worker 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 an attorney. We're ready to assist you receive the best benefits available under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by phone or in person to discuss your case. Our attorneys are on a contingent basis, meaning you won't be charged unless we succeed.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers in injuries claims. Contrary to workers' compensation, which pays an amount that is fixed regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. In fela railroad accident lawyer provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often does not cover the true costs of a worker.
The FELA law is applicable to railroads operating in interstate or international commerce, and permits injured employees and their families to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.
This LibGuide is designed to be an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. If you require further assistance seek advice from an attorney.
Many workers are unaware that FELA offers railroad workers specific protections. 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 so they can receive the most effective representation. A qualified lawyer can assist the family of a railroad worker who has died or the injured employee in understanding the different types damages available to them. This will enable the injured person to receive the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, you should consult a firm of Designated Legal Counsel.