Workers Compensation Vs Federal Employers? Liability
Railroad employees face unique legal issues when they suffer injuries while on the job. In contrast to most 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 claim railroad workers must prove 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 provide compensation to employees who suffer work-related injuries or illnesses. However they differ in couple of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a broad range of jobs in both the public and private sectors. FELA and workers' compensation are also different in terms of who determines the degree of fault and the way in which damages are awarded, and where and how cases are tried.
FELA was passed due to the danger of injury for railroad workers is extremely high. Congress passed the law to safeguard the families of workers in the event that they are injured while working. In order to receive compensation under FELA, the worker must demonstrate that 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.
FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Unlike fela lawsuit settlements , which is usually limited to a certain amount based on injuries and other injuries, a FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.
The difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If a worker's injury is determined to be their fault, their damages could be reduced. If a worker is injured due to being told to do something against company policy and the company was held 50% accountable for instance, the company could be held to be 50% responsible.
Workers' compensation cases have an earlier time frame to make an claim. In the case of a FELA case the statute of limitations is three years from date of your injury, while in the case of workers' compensation the statute of limitation 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
If a railroad worker gets injured while working and suffers an injury, they can make a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in the worker's injuries.
The FELA law, which was enacted in 1908, was designed to provide compensation for railroad workers who have been injured because of their job. Prior to the enactment of this law, the death and injury rates among railroad workers were quite high. This led to the need for a comprehensive coverage that went beyond workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was responsible under the FELA.
FELA claims are similar to claims for workers compensation claims in that they provide the loss of wages, medical expenses, and pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must show that the death or injury was a result of the whole or in part by such negligence.
FELA cases have benefited tort law by creating precedents for issues like emotional distress in the railroad and damages distribution as well as working condition standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site locations such as private hotels where a railroad's workers might be staying for business reasons. A railroad attorney can help those who have been injured to receive the full amount of benefits is entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker suffers an injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, cash payments, and future earnings loss however, they differ in significant ways.
Unlike workers' comp which allows employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. 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 a workers' compensation claim as the evidence of negligence must be proven.
Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and get their case decided by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA does not also limit the amount of damages an injured worker may receive, whereas workers' compensation claims do.
The distinction between these two statutes is crucial to understand, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love has been injured as a railroad employee it is essential to speak with experienced FELA lawyers.
Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to a lawyer. We're ready to help you pursue the maximum benefits available under FELA. Click here to go to the National Division BLET's website to locate an experienced 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 are on a contingent basis, which means that you won't be charged unless we win.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injuries claims. In contrast to workers compensation, which provide the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses and lost wages (including future earning potential) and death benefits as well as pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover a worker's true losses.
The FELA law is applicable to railroads involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide provides a starting point to research this issue. It provides links to various online resources that are available on the Villanova Law Library's website. Access to certain resources may require a password.
This LibGuide is intended to serve as an educational supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney should you require additional assistance.
Many workers are unaware that FELA provides railroad employees with specialized protections. While many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers who have been injured should be aware of the distinctions between these two kinds of claims to obtain the best possible representation. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad employee who was injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.