Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face unique legal issues. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To win a FELA claim railroad workers must be able to prove two things. First, that the injury was the result of the negligence of their employer.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However they differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a broad range of jobs within the private and public sectors. FELA and workers' compensation are also different in regards to who decides the fault and the way in which damages are awarded and the manner in which cases are tried.
FELA was enacted because the risk of injury to railroad workers is very high. Congress passed the law to safeguard the families of workers in the event that they are injured while working. In order to receive compensation under FELA, the worker must demonstrate that their employer violated a federal statute or regulation that relates to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like suffering and pain. Unlike workers' compensation claims which are usually restricted based on the injury sustained, FELA is able to seek compensation for noneconomic damages like emotional stress or loss of enjoyment living.
A distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the employer was at very least partially responsible for the injury. If the injury suffered by a worker is determined to be their fault the damages they suffer could be reduced. For example in the event that an employee was directed to do something that was against company policy and they were hurt as a result, the company could be held 50 percent responsible for their injuries.
Workers' compensation cases have an earlier time frame to file claims. In a FELA case, the statute of limitations is three years from the date of your injury, however, in a workers' compensation claim the statute of limitation is 1 year. This is why it is important to speak with an experienced FELA lawyer as soon as you can after your injury.
FELA vs. State Law
When a railroad worker is injured while working the worker can 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 evidence that the railroad was negligent, and that this negligence caused injuries to the worker.
The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Before the enactment this law, railroad employee death and injury rates were high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA.
Like workers' compensation as well, a FELA claim is a way to provide the injured worker with lost wages and medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In fela lawyer to that, a FELA claimant must show that the death or injury was caused in total or in part because of such negligence.
FELA cases have influenced tort law by establishing of precedents for issues such emotional distress in the railroad and damages allocation as well as working conditions standards. 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 locations such as private hotels, where railroad employees can stay when traveling for business. A good railroad attorney can assist a railroad worker get the full amount of benefits to which he or she is entitled under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured on the job, he or she can apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including medical coverage and monetary payouts. However, they are different in some important ways.
In contrast to workers' compensation which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be presented.
In addition, 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. In addition, FELA does not put a cap on the amount of damages that can be awarded to an injured worker while workers' compensation claims limit damages in accordance with a set schedule.
The difference between these two statutes is important to know, particularly 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 has been injured while working as a railroad employee, it is crucial to speak with a professional FELA lawyers.
To find out more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case over the telephone or in person. Our attorneys work on a contingent basis, meaning you will not be charged unless you prevail.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers' compensation which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses as well as lost wages (including future earning potential) as well as death benefits as well as suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability. This usually is not enough to cover a worker's true losses.
The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their families to file lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide contains links to online resources on the Villanova Law Library website. Some of these resources require a password for access.
This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to provide legal advice. If you require more help you should consult an attorney.
Many people are unaware that FELA provides railroad employees with special protections. While many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they receive the best representation. In the case of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad employee to comprehend the various types of damages available for their claim. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.
