Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal challenges. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must demonstrate two things. First, that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
While workers' compensation and FELA both attempt to compensate employees for work-related injuries or illnesses However, these two laws differ in a variety of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a broad range of jobs within the private and public sectors. FELA and workers' compensation differ in terms of who determines the degree of fault and how damages are determined, and where and how cases are decided.
FELA was passed due to the risk of injury to railroad workers is very high. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury on the job. In order to be compensated under FELA, the worker must prove that their employer has violated any federal law or regulation that relates 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 treatment, FELA provides for damages which aren't covered under workers' compensation, including pain and suffering. In contrast to claims for workers' compensation which are usually restricted based on the injury sustained, FELA is able to seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment living.
Another distinction between FELA and workers compensation is that to receive compensation under FELA the worker must show that the company was at a minimum partially responsible for their injuries. If the injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. If a worker is injured due to being told to follow company policy and the company was found to be 50% accountable for the incident, then the company could be held at 50% accountable.
Workers' compensation requires a faster timeline for filing an claim than the FELA case. In the case of a FELA claim, the statute is three years from the time your injury occurred, while in a workers' compensation case, it is one year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can following your injury.
FELA in 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 offer benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires proof that the railroad was negligent and that such negligence played a role in the injury of the worker.
The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need offer railroad workers a extensive coverage that is greater than workers' compensation law.
fela lawsuit settlements must be filed in federal courts since the FELA was passed by Congress. FELA claims can be filed in state court. For example the case that was recently heard in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA.
Like workers' compensation, the FELA claim compensates the injured worker with lost wages as well as medical expenses, damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused partially or completely due to such negligence.
FELA cases improved tort law through the establishment of precedents for issues like a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought federal 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 locations like hotels that are private, where railroad employees can be able to stay when on business. Railroad attorneys can help the railroad worker who has been injured receive the full benefits she is eligible for under FELA.
FELA in opposition to. State Workers' Compensation Laws
If an employee is injured while on the job then he or she may apply for workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as financial compensation 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 at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that caused their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that the evidence of negligence has to be proven.
FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, rather than the administrative authority responsible for deciding workers' compensation claims. FELA does not also limit the amount of damages an injured worker can be awarded, whereas workers' compensation claims do.
It is crucial to understand the distinction between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone close to you has been injured as a railroad employee it is crucial to speak with a knowledgeable FELA lawyers.
To know more about the distinctions 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. Click here to visit the National Division BLET's site to find 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 to discuss your situation by phone or in person. Our attorneys are on a contingent basis, meaning you won't be charged unless we win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation, which provides a fixed amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits and pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disability, which is often far less than what an individual loses.
The FELA law applies to railroads operating in international or interstate commerce, and permits 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 research on this topic. It also provides links to a variety of online resources on the Villanova Law Library's website. Access to certain resources may require the use of a password.
This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. You should consult with an attorney if you require additional assistance.
Many people are unaware that FELA provides railroad employees with specific protections. Although many believe that FELA and state workers' compensation laws are the same however, they are quite different. Railroad workers who have been injured must be aware of the differences between these two kinds of claims to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you're a railroad worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.