Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they face unique legal challenges. In contrast to most workers' compensation laws, railroad employees 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 demonstrate two things. The first is that the injury occurred as a result of negligence by their employer.
FELA vs. Workers' Compensation
Workers compensation and FELA are both designed to pay employees who suffer work-related injuries or illnesses. However, they differ in a couple of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a variety of jobs within the public and private sectors. FELA and workers' compensation are also different in regards to who decides fault and the way in which damages are awarded and where cases are handled.
FELA was passed because the danger of injury for railroad workers is very high. Congress passed the law to safeguard family members and employees in the event of being injured while on the job. To receive compensation under FELA the worker must prove their employer violated the federal law or regulation relating 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 past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. In contrast to claims for workers' compensation that are typically limited based on the type of injury suffered, a FELA is able to claim compensation for non-economic damages that include emotional stress or loss of enjoyment living.
The difference between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the employer was at least partially responsible for the injury. If a worker's injury is determined to be the fault of the company their damages can be reduced. If a worker gets hurt because they were told to follow company policy and the company was found to be 50% responsible for the incident, then the company may be held 50% responsible.
Workers' compensation cases have shorter timeframes to file an claim. In a FELA case the statute of limitation is 3 years from the date of your injury when in a workers' compensation claim, the statute of limitations is 1 year. It is therefore important to speak with an FELA lawyer experienced in the earliest time you can following your injury.
FELA vs. State Law
When a railroad worker is injured while working the worker can file a claim under either 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. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker.
The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who are injured because of their job. Prior to the passage of this law, railroad employee deaths and injuries were high. This led to the need for comprehensive coverage that went beyond the workers' compensation laws.
In general the majority of cases, the majority of FELA claim must be filed in federal court since the FELA is a federal law. 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 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 fact that a railroad is responsible for the death or injury due to its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death was caused partially or completely due to such negligence.
FELA cases have benefited tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working conditions standards. FELA claims, in particular have drawn national attention to an employer's obligation to provide a safe work environment for its workers. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. An attorney for railroads can assist those who have been injured receive the full benefits he or she is eligible for under FELA.
FELA vs. State Workers' Compensation Laws
If an employee is injured while on the job, he or she can claim workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However, they are different in important ways.
Unlike workers' compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal safety law which caused their injuries. This includes laws such as 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 workers' compensation claims as the evidence of negligence must be provided.
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 peers rather than the administrative authority who oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can receive, whereas workers' compensation claims do.
The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or a loved one was injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers.
To learn more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to help you maximize the benefits that are available under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency basis that means you won't pay until we are successful in settling your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on 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. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which usually is not enough to cover a worker's true losses.
fela claims railroad employees applies to railroads that operate in international or interstate commerce, and permits injured employees and their families to bring lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a good starting point to research this issue. The LibGuide includes links to online resources on the Villanova Law Library website. Access to some of these resources might require an account password.
This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to be legal advice. Please consult an attorney if you require assistance.
Many workers are unaware that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people believe that FELA is comparable to state laws on workers' compensation however they aren't. Injured railroad workers should be familiar with the differences between these two types of claims to receive the most effective representation. A skilled lawyer can assist the family of a railway worker who has died or injured in understanding the various kinds of damages that they are entitled to. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.