Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they face unique legal issues. Unlike most workers insurance laws, railroad employees 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. The first is that the injury occurred as a result of negligence by their employer.
FELA vs. Workers' Compensation
While workers compensation and FELA both attempt to compensate workers 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 broad range of jobs within the public and private sectors. FELA and workers' compensation differ in regards to who decides the degree of fault and the way in which damages are awarded and where cases are handled.
The risk of being injured is a high risk for workers on railroads and that's why FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured on the job. To receive compensation under FELA the worker must show the employer violated the federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by' compensation, including suffering and pain. Unlike workers' compensation claims that are typically capped based on the injuries suffered, a FELA is able to seek compensation for non-economic losses, such as emotional stress or loss of enjoyment living.
Another difference between FELA and workers compensation is that in order to be eligible for compensation under FELA workers must prove that the employer was at least partially responsible for their injury. If a worker's injury is determined to be the fault of the company, their damages could be reduced. If a worker gets hurt due to being told to follow company policy, and the company was held 50% responsible for the incident, then the company may be held to be 50% responsible.
Workers' compensation cases have shorter timeframes to submit an claim. In a FELA case the statute of limitation is three years from date of your injury, when in a workers' compensation case the statute of limitations is 1 year. This is the reason it is essential to speak with an experienced FELA lawyer immediately following your injury.
FELA vs. State Law
If a worker on the railroad is injured on the job, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent, and that this negligence caused injuries to the worker.
The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passing of this law, the death and injury rates among railroad employees were extremely high. This led to the need to provide railroad workers with complete coverage, which is higher than workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was liable under the FELA.
FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was responsible 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 plaintiff must prove that the injury or death, was caused in part or completely due to such negligence.
FELA cases have improved tort law through the establishment of precedents in areas such as emotional distress on the railroad, damages allocation and working conditions standards. FELA claims specifically have sparked national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site facilities like hotels that private parties use where a railroad's workers might stay to work. The right railroad attorney can assist an injured railroad worker get the full amount of benefits to which they are entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker suffers an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However, fela attorneys are different in important ways.
In contrast to workers' compensation, which allows employees to file without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional 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. This makes it more difficult to win a FELA claim than workers' compensation claims because evidence of negligence is required.
Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and have their case determined by a panel of their colleagues rather than the administrative authority who oversees workers' compensation claims. Lastly, 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 based on a pre-determined schedule.
The difference between these two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you know was injured on the job as a railroad worker it is essential to speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us today to speak to a lawyer. We're ready to assist you get the most benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay unless 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. Contrary to workers' compensation, which pays a fixed amount regardless of fault, FELA cases will be determined by juries based on 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 as well as pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually is not enough to cover the true costs of a worker.
The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide provides a starting point for research on this topic. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to some of these resources might require the use of a password.
This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to provide legal advice. Please consult an attorney if you require assistance.
Many workers do not realize that FELA is a distinct piece of legislation that offers specialized protections to railroad employees. Many people believe that FELA is similar to the state laws governing workers' compensation however they aren't. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure that they receive the most effective representation. In the event of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to understand the different types of damages that are available to their claim. The injured worker can receive the maximum amount of compensation permitted by FELA. If you are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.