Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal issues. Railroad employees, unlike many 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 the injury must be proven to have been caused by their employer's negligence.
FELA Vs. Workers' Compensation
While workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a variety of public and private jobs. 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 cases are tried.
The risk of being injured is very high for those working on the railroad, which is why FELA was passed in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury while working. In order to be compensated under FELA, the worker must prove that their employer has violated any federal law or regulation relating to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is generally limited to a certain amount based on the severity of injuries and other injuries, the FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.
Another distinction between FELA and workers compensation is that in order to be eligible for compensation under FELA, the worker must prove that the employer was at least partly accountable for their injury. If a worker's injury is found to be the fault of the company their damages can be reduced. If a worker gets hurt because they were told to violate company policy and the company is held 50% responsible for instance, the company may be held 50% responsible.
Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA case the statute of limitation is three years from the date of your injury when in the case of workers' compensation, the statute of limitations is 1 year. This is why it is important to consult a seasoned FELA lawyer immediately following your injury.
FELA in 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). fela lawsuits to workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Consequently the successful FELA claim requires proof that the railroad was negligent and that negligence played a role in causing the worker's injury.
The FELA law, which was enacted in 1908, is designed to compensate railroad employees who are injured due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were quite high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
In general, the majority of FELA claim must be filed in a federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was liable under the FELA.
Like workers compensation, the FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the death or injury was a result of the whole or in part by the negligence.
FELA cases have benefited tort law by setting precedent for issues such as railroad emotional distress and damages distribution as well as working conditions requirements. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that their employees are provided with a safe workplace. This includes off-site facilities such as hotels owned by private individuals where railroad employees may stay while traveling for business reasons. The right railroad attorney can assist a railroad worker receive the full benefits that they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured while on the job, he or she can claim workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments, and future earnings loss but they differ in important ways.
Unlike workers' compensation, which allows employees to file without proving that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that 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. This makes it harder to win a FELA claim than workers' compensation claims, since proof of negligence is required.
Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and be ruled on by a group of colleagues rather than the administrative authority that oversees workers compensation claims. FELA does not restrict 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 workers' compensation laws and are required to pursue their claims through FELA. If you or someone close to you was injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers.
Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us now to speak with an attorney. We're prepared to assist you get the most benefits that are available under FELA. Click here to visit the National Division BLET's site to find an experienced Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or person to discuss your case. Our attorneys also work on a contingency basis that means you won't pay until we succeed in your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers over injuries claims. Contrary to workers' compensation, which pays an amount that is fixed regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses and lost wages (including future earning potential) and death benefits along with pain and suffering. Workers' compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities which is usually less than what the worker is losing.
The FELA law is applicable to railroads involved in international or global trade. It allows injured employees, as well as their families to sue their employers for damages directly caused by the company's negligence. This LibGuide is a good place to start your research. The LibGuide provides links to online resources available on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide was designed as a study aid to Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney should you require additional assistance.
Many people are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is similar to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they can get the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railroad worker injured on the job, consult an organization of Designated Legal Counsel.