Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face unique legal issues. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To win a FELA case railroad workers must establish two things. First, that the injury was the result of their employer's negligence.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However they differ in number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines the fault and how damages are determined and the manner in which cases are tried.
The risk of being injured is very high for those working on railroads and that's why FELA was enacted in 1908. Congress passed the law to safeguard family members and employees in the event of being injured while working. In order to be compensated under FELA the worker must show their employer has violated the federal law or regulation related to workplace safety. 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 workers' compensation claims, which are generally limited based on the type of injury sustained, FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment of living.
The distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the company was at least partially responsible for the injury. If a worker's injury is found to be the fault of the company the damages they suffer could be reduced. If a worker is injured because they were instructed to follow company policy, and the company was found to be 50% accountable, for example, then the company could be held to be 50% responsible.
Workers' compensation cases have a shorter timeline to submit an claim. In the case of a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can following your injury.
FELA Vs. State Law
If a railroad worker gets injured on the job and suffers an injury, they can make 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 was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that railroad negligence was at play and that such negligence was responsible for the injury of the worker.
The FELA, which was passed in 1908, was designed to compensate railroad employees who are injured because of their work. Prior to the enactment of this law, the death and injury rates among railroad employees were extremely high. This led to the need for a comprehensive coverage that goes beyond workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. fela accident attorney can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.
FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical costs, and pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must show that the death or injury was a result of the whole or in part because of the negligence.
FELA cases have improved tort law by creating precedents for issues like emotional distress on the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to an employer's duty not delegated to ensure that their employees are safe in their workplace. This includes off-site places like private hotels where railroad workers may stay while on business. Railroad attorneys can help the railroad worker who has been injured to receive the full benefits he or she is eligible for under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker is injured while on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, like medical coverage, cash payouts and loss of future earnings but they differ in important ways.
In contrast to workers' compensation, which allows employees file without proving that the employer was responsible 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 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 workers' compensation claims as the evidence of negligence has to be proven.
Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of peers, not the administrative authority who oversees workers compensation claims. In addition, FELA does not put a cap on the amount of damages that can be given to injured workers while workers compensation claims limit damages based on a pre-determined schedule.
It is essential to understand the difference between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone close to you was injured as an employee of a railroad it is essential to consult with experienced FELA lawyers.
Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're prepared to assist you pursue the maximum benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our lawyers also work on a contingency basis, which means you don't pay until we succeed in 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 that is fixed regardless of the fault, FELA cases will be 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 as well as suffering and pain. Workers compensation, on the contrary, provides only temporary medical care and a fixed amount of money to cover long-term disabilities which is usually less than what the worker is losing.
The FELA law applies to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages resulting directly from the negligence of the company. This LibGuide provides a starting point for research on this topic. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require a password.
This LibGuide is intended as an aid to study for Villanova law students. Nothing in this guide should be taken as legal advice. If you require further assistance you should consult an attorney.
Many people are unaware that FELA provides railroad employees with specific protections. Many people mistakenly believe that FELA is comparable to state workers' compensation laws however they aren't. Railroad workers who have been injured must be aware of the differences between the two types of claims so they can receive the most effective representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad employee to understand the different types of damages that are available to their claim. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.