Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they face unique legal challenges. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
In order to prevail in a FELA claim, railroad workers must prove two things. First, they must prove that the injury was the result of the negligence of their employer.
FELA Vs. Workers' Compensation
While workers compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded, and the manner in which and where cases are heard.
FELA was passed due to the risk of injury to railroad workers is extremely high. Congress passed this law to protect workers, their families and themselves in the event of injury on the job. To receive compensation under FELA the worker must show their employer has violated any federal law or regulation relating to workplace safety. Examples include a violation 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 workers compensation, like pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, FELA is able to seek compensation for non-economic losses that include emotional distress or loss of enjoyment of living.
The difference between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker must prove that the company was at the minimum partially responsible for the injury. If a worker is found to be at fault for their injury the amount of damages may be reduced. For instance, if the worker was told to do something that was in violation of company policy and suffered injuries in the process, the company could be held 50 percent responsible for their injuries.
Workers' compensation requires an earlier timeframe for filing claims than the FELA case. In a FELA claim, the statute is three years from the time the injury occurred, but in a workers' comp case, it's one year. It is therefore important to consult an FELA lawyer who has experience as soon as you can following your injury.
FELA Vs. State Law
If a railroad employee gets injured at work, he or her may pursue a claim under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the injuries suffered by the worker.
The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were very high. This resulted in the need for a comprehensive coverage that goes beyond the workers' compensation laws.
In general it is the case that the majority of FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.
Similar to workers compensation and workers' compensation, a FELA claim compensates the injured worker with compensation for lost wages and medical expenses as well as damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or in violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused in part or in full by such negligence.
FELA cases improved tort law through the establishment of precedents for issues such emotional distress on the railroad, damages allocation and working conditions standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site places like private hotels which railroad employees may stay when traveling for business. An experienced attorney for railroads can assist a railroad worker get the full amount of benefits to which they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker suffers an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However, they are different in important ways.
Contrary to workers' compensation which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law which caused their injuries. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required.
In addition, FELA cases allow injured railroad workers to take their case to a 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 any limit on the amount of damages that can be granted to an injured worker and workers compensation claims limit damage awards in accordance with a set schedule.
The distinction between the two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you love was injured while working as a railroad employee, it is important to talk with a professional FELA attorneys.
Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We are prepared to help you maximize the benefits that are available under FELA. Click here to visit the National Division BLET's website to find an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by phone or in person. fela railroad settlements are on a contingent basis, which means that you will not be charged unless you prevail.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which is an amount that is fixed regardless of the cause, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Workers' compensation, on the contrary, provides only temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far lower than what an individual loses.
The FELA law is applicable to railroads involved in global or interstate commerce. It permits injured employees, as well as their families, to sue their employer for damages resulting directly from the company's negligence. This LibGuide offers a base for further research on this subject. The LibGuide provides links to online resources on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to be construed as legal advice. If you require further assistance, please consult an attorney.
Many workers are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers who have been injured should be familiar with the distinctions between these two types of claims to get the best representation. In the event of an injury, a qualified lawyer can assist the injured employee or the 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 under FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.