Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they are faced with particular legal challenges. Contrary to the majority of workers insurance laws, railroad employees have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
To win a FELA case railroad workers must prove two things. The first is that the injury was the result of negligence by their employer.
Workers' Compensation vs. FELA
Workers compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However they differ in a few ways. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded, and the manner in which and where cases are heard.
FELA was passed because the risk of injury for railroad workers is very high. Congress passed the law to protect workers and their families in the event that they are injured while on the job. To be eligible for compensation under FELA the worker must prove that the employer violated a federal law or regulation related 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 the past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to claims under workers' compensation that are typically restricted based on the injury suffered, a FELA can seek compensation for non-economic losses, such as emotional distress or loss of enjoyment of living.
Another distinction between FELA and workers compensation is that in order to receive compensation under FELA the worker must prove that the employer was at least partially accountable for their injury. If a worker is determined to be at fault for their injury the amount of their damages could be reduced. If a worker is injured because they were instructed to follow company policy and the company was found to be 50% responsible for instance, the company may be held at 50% accountable.
Workers' compensation is a faster timeline for filing a claim than a FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury while in the case of workers' compensation, the statute of limitations is one year. This is why it is crucial to contact an experienced FELA lawyer as soon as possible after your injury.
FELA Vs. State Law
When a railroad worker is injured on the job, he or she may submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that negligence was the cause of the worker's injuries.
The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have been injured because of the nature of their work. Prior to the passage of this law, the death and injury rates among railroad workers were quite high. fela case settlements led to the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation law.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.
FELA claims are similar to workers' compensation in that they cover lost wages, medical costs as well as pain and suffering damages. These damages are based upon the fact that the railroad was liable for the death or injury due to its negligence or a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was caused in whole or in part by such negligence.
FELA cases improved tort law through the creation of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its employees are provided with a safe workplace. This includes off-site places like hotels that are private, which railroad employees may stay while on business. Railroad attorneys can help 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 while working, he or she can claim workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However, they are different in a number of important ways.
Unlike workers' comp, which allows employees 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 violated a safety law of the federal government that caused 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, since proof of negligence is required.
In addition, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a panel of their colleagues rather than the administrative authority that oversees workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, whereas workers' compensation claims do.
The distinction between the two statutes is crucial 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 employee, it is crucial to speak with a professional FELA lawyers.
To learn more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or in person to discuss your case. Our attorneys also work on a contingency basis that means you won't pay until we win your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers over injuries claims. Unlike 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.
In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually falls far short of covering the true costs of a worker.
The FELA law is applicable to railroads that are involved in global or interstate commerce. It permits injured employees, as well as their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good place to start your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require an account password.
This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to be legal advice. If you require further assistance seek advice from an attorney.
Many workers are unaware that FELA provides railroad employees with specific protections. Many people are mistakenly thinking that FELA is comparable to the state laws governing workers' compensation, but they are not. Injured railroad workers need to be aware of the differences 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 railroad worker who has passed away, or injured in understanding the different types damages that they are entitled to. The person who has been injured will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.