Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they face unique legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must establish two things. First, that the injury was the result of negligence by their employer.
FELA vs. Workers' Compensation
Workers' compensation and FELA are both designed to pay employees who suffer work-related injuries or illnesses. However they differ in number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of public and private jobs. FELA and workers' compensation also differ in regards to who decides the fault and the way in which damages are awarded and where cases are decided.
The risk of being injured is a high risk for workers on the railroad, which is why FELA was adopted in 1908. 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 workers must prove that their employer has violated a federal statute 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 future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Unlike workers' compensation claims which are usually limited based on the type of injury suffered, a FELA can seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment of living.
The main distinction between FELA compensation and workers compensation is that in order to receive compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If a worker is determined to be responsible for their injuries the amount of damages may be reduced. If a worker gets hurt because they were told to do something against 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 has a faster timeline for filing an claim than a FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury, while in a workers' compensation claim the statute of limitations is one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after the injury.
FELA Vs. State Law
If a worker on the railroad is injured on the job, he or she may file a claim under workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide 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 the negligence resulted in the worker's injuries.
The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, railroad employee accident and death rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance 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.
Similar to workers compensation as well, a FELA claim provides the injured worker with wages lost as well as medical expenses, damages for pain and suffering. These damages are based on the fact that a railroad was liable for the death or injury due to its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence.
FELA cases have improved tort law through the creation of precedents for issues like emotional distress in the railroad and damages allocation, as well as working conditions standards. In particular, FELA claims have brought federal attention to an employer's duty not delegated to ensure that its employees are safe in their workplace. This includes off-site places like hotels that are private, which railroad employees may be able to stay when on business. A railroad attorney can help a railroad worker who has suffered injuries to obtain the full amount of benefits can claim under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured on the job, he or she can file for workers compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, cash payouts, and future earnings loss, they differ in important ways.
In contrast to workers' compensation which permits employees to file without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, as evidence of negligence is required.
Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and be ruled on by a group of colleagues rather than the administrative authority who oversees workers compensation claims. FELA does not also limit the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.
It is important to know the distinction between these two statutes, particularly for railroad workers who aren't covered under state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone close to you has been injured as a railroad employee it is essential that you speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us now to speak with a lawyer. We are ready to help you receive the best benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be directed 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 available to discuss your case by phone or in person. Our attorneys also operate on a contingency fee, which means you don't pay unless we win your case.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injury claims. Contrary to workers compensation, which provide the same amount of benefits regardless of who was at fault for the accident, FELA cases are 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 set amount of money to cover long-term disabilities which is usually less than the amount an individual loses.
The FELA law applies to railroads that are involved in global or interstate commerce. It permits injured employees and their families to sue their employers for damages directly caused by the company's negligence. fela railroad accident lawyer is a good place to start your research. The LibGuide includes 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 designed to aid in the study of Villanova Law students. Nothing in this guide should be taken as legal advice. You should consult with an attorney if you require additional assistance.
Many people do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws however they aren't. Injured railroad workers need to be aware of the differences between the two kinds of claims to ensure that they can get the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages available for their claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you are a railroad worker who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.