Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they face unique legal issues. Contrary to the majority of workers' compensation laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To prevail in a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury occurred as a result of the negligence of their employer.
Workers' Compensation vs. FELA
While workers' compensation and FELA both seek to compensate workers for work-related injuries or illnesses however, the two laws differ in a number of ways. Particularly, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of private and public jobs. FELA and workers' compensation also differ in terms of who determines the fault, how damages are awarded and where cases are handled.
FELA was passed because the danger of injury for railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of accident on the job. In order to be compensated under FELA the worker must prove that the employer violated a federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Unlike a workers' compensation claim, which is generally capped at an amount based on injuries, a FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life.
The main difference between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must prove that the company was at minimum partially responsible for the injury. If a worker is determined to be the cause of their injury the amount of damages could be reduced. If a worker gets hurt because they were instructed to follow company policy and the company is held 50% accountable for the incident, then the company could be held to be 50% responsible.
Workers' compensation cases have a shorter timeline to make an claim. In a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' comp case, it is one year. This is why it is important to speak with an experienced FELA lawyer immediately following your injury.
FELA Vs. State Law
If a worker on the railroad is injured while working, he or she may make a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence played a role in the injury of the worker.
The FELA law, which was enacted in 1908, was designed to compensate railroad employees who are injured due to the nature of their job. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need offer railroad workers a extensive coverage that is greater than workers' compensation law.
A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. FELA claims can be filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.
FELA claims are similar to workers' compensation in that they compensate for the loss of wages, medical expenses, and pain and suffering damages. These damages are based on the notion that a railroad was liable for the injury or death due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the injury or death was caused in total or in part by such negligence.
FELA cases have helped improve tort law by setting precedents for issues like emotional distress in the railroad, damages distribution and working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are safe in their workplace. This includes off-site facilities like hotels that are private, where railroad employees can be able to stay when on business. A good railroad attorney can assist an injured railroad worker obtain the full benefits to which they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If an employee is injured while on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However they differ in some important ways.
Unlike workers' comp which allows employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety rule 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 harder to win a FELA claim than workers' compensation claims, since proof of negligence is required.
In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and have their case determined by a group of peers, not the administrative authority who oversees workers compensation claims. FELA does not also limit the amount of compensation an injured worker could receive, whereas workers' compensation claims do.
It is essential to understand the distinction between these two laws, especially for railroad workers who are not covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love was injured as an employee of a railroad it is essential to consult with a professional FELA lawyers.
To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you pursue the maximum 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 provide free consultations and are willing to discuss your case by telephone or in person. Our attorneys also operate on a contingency fee that means you won't pay unless we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers' comp which is an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses, lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering the true costs of a worker.
The FELA law is applicable to railroads that participate in global or interstate commerce. fela settlements allows injured employees, as well as their families, to sue their employers for damages directly resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these websites require a password to access.
This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to be legal advice. If you need more assistance seek advice from an attorney.
Many workers are unaware that FELA offers railroad workers specific protections. Many people mistakenly believe that FELA is like state laws on workers' compensation but they're not. Railroad workers who have been injured should be aware of the differences between these two types of claims in order to receive the most effective representation. In the event of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages that are available to their claim. This will enable the injured person to obtain the maximum recovery allowed under FELA. If you are a railroad employee who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.