Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face particular legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
In order to prevail in a FELA claim railroad workers must be able to prove two things. First, they must prove that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
Workers compensation and FELA are both designed to compensate employees who suffer from work-related illnesses or injuries. However they differ in number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of private and public jobs. FELA and workers' compensation are also different in regards to who decides the degree of fault and how damages are determined, and where and how cases are tried.
The risk of injury is a high risk for workers on railroads This is the reason FELA was adopted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. To receive compensation under FELA the worker must show their employer has violated any federal law or regulation related to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as pain and suffering. Unlike workers' compensation claims which are usually limited based on the type of injury sustained, FELA is able to seek compensation for non-economic losses like emotional distress or loss of enjoyment living.
Another distinction between FELA and workers' compensation is that to receive compensation under FELA, the worker must prove that the employer was at least partly responsible for their injury. If an injury suffered by a worker is determined to be the fault of the company, their damages could be reduced. If a worker gets hurt because they were told to follow company policy and the company is held 50% accountable for instance, the company could be held to be 50% responsible.
Workers' compensation cases have an earlier time frame to submit a claim. In the case of a FELA case the statute of limitations is three years from the date of your injury when in a workers' compensation claim the statute of limitation is 1 year. This is why it is crucial to speak with an experienced FELA lawyer as soon as you can after your injury.
FELA Vs. State Law
If a railroad worker is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires proof that the railroad was negligent and that the negligence was responsible for the injury of the worker.
The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, death and injury rates among railroad employees were quite high. This led to the need for a comprehensive insurance that goes 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 court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable 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 notion that a 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 or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death was caused in part or completely due to such negligence.
FELA cases have improved tort law by setting precedent for issues such as railroad emotional distress and damages distribution as well as working conditions standards. Particularly, FELA claims have brought national attention to an employer's duty not delegated to ensure that their employees are safe in their workplace. This includes off-site locations such as private hotels, which railroad employees may stay while on business. A good railroad attorney can assist an injured railroad worker receive the full benefits that they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits like medical coverage and monetary payouts. However, they are different in some important ways.
Contrary to workers' compensation, which allows employees apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws like 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 a workers' compensation claim due to the fact that the evidence of negligence has to be provided.
FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, and not the authority that oversees administrative workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker and workers compensation claims limit damages based on a pre-determined schedule.
The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or a loved one was injured as a railroad employee, it is important to consult with a knowledgeable FELA lawyers.
Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to help you get the most benefits 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 able to discuss your case by phone or in person. Our attorneys are on a contingent basis, meaning you will not be charged unless you win.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. Unlike workers' compensation, which provides the same amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries on the basis 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) as well as death benefits and pain and suffering. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the true costs of a worker.
The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide is a good starting point for further research on this subject. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. fela case settlements of these resources require a password to access.
This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. Consult an attorney if you need assistance.
Many workers are unaware that FELA is a distinct piece of legislation that provides special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers who have been injured should be aware of the differences between these two types of claims in order to get the best representation. In the case of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.