Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they suffer injuries while on the job. Contrary to the majority of workers insurance laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To prevail in a FELA case railroad workers must demonstrate two things. First, that the injury was the result of their employer's negligence.
Workers' Compensation vs. FELA
While workers' compensation and FELA both seek 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, whereas workers' compensation applies to a variety of public and private jobs. FELA and workers' compensation also differ in regards to who decides the degree of fault and how damages are determined, and where and how cases are tried.
The risk of being injured is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured while on the job. In fela claims railroad employees to receive compensation under FELA the worker must demonstrate that their employer violated the federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
FELA also provides compensation for suffering and pain, which are not covered by workers' comp. Contrary to a workers' comp claim, which is usually capped at an amount based upon the severity of injuries however, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life.
The main distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker has to prove that the employer was at minimum partially responsible for the injury. If a worker's injury is determined to be attributable to them, their damages could be reduced. For instance in the event that an employee was directed to perform a task that was in violation of company policy and were injured in the process the company could be held 50 percent accountable for their injuries.
Workers' compensation cases require a shorter timeline to submit an claim. In a FELA case the statute of limitations is 3 years from the date of your injury while in the case of workers' compensation the statute of limitation is one year. It is therefore crucial to speak with an FELA lawyer experienced in the earliest time you can following your injury.
FELA Vs. State Law
When a railroad worker is injured on the job, he or she may submit a claim for compensation under 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 the successful FELA claim requires evidence that railroad negligence was at play and that the negligence played a role in causing the worker's injury.
The FELA legislation, which was passed in 1908, was enacted to compensate railroad employees who have been injured because of the nature of their work. Prior to the enactment of this law, railroad employee accident and death rates were high. This led to the need for comprehensive coverage that went beyond workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.
FELA claims are similar to workers' compensation in that they cover lost wages, medical costs, and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death due to its negligence or violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must show that the death or injury was caused in whole or in part because of such negligence.
FELA cases have benefited tort law by setting precedent for issues such as railroad emotional distress as well as damages distribution and working conditions standards. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that their employees are provided with a safe workplace. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might be staying for business reasons. A good railroad attorney can assist an injured railroad worker get the full benefits that they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured on the job, injury while on the job, they may file for workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payments, and future earnings loss however, they differ in significant ways.
Unlike workers' comp which allows employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence must be presented.
FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, rather than the administrative authority overseeing workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be given to injured workers, while workers compensation claims limit damage awards based on a pre-determined schedule.
It is crucial to understand the difference between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad worker it is crucial to speak with experienced FELA attorneys.
Grossman Law Offices can help you learn more about the differences between the state laws governing workers' compensation and FELA. Contact us today to speak to a lawyer. We are prepared to help you pursue the maximum benefits under FELA. To find 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 provide free consultations and are willing to discuss your case over the phone or in person. Our lawyers work on a contingent basis, meaning you will not be charged until we prevail.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. Unlike workers' comp which provides an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity), death benefits, and suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering a worker's true losses.
The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide provides a starting point for further research on this subject. The LibGuide contains links to online resources on the Villanova Law Library website. Access to certain resources may require the use of a password.
This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to be construed as legal advice. If you require further assistance you should consult an attorney.
Many people are unaware that FELA offers railroad workers special 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 differences between these two types of claims to get the best representation. A lawyer with experience can help the family of a railway worker who has died or the injured employee in understanding the various kinds of damages that they are entitled to. The injured worker will be able to receive the maximum amount of compensation permitted by FELA. If you're a railway worker injured on the job, consult an attorney from a firm that is Designated Legal Counsel.