Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they suffer injuries at work. In contrast to most workers' compensation laws, railroad workers are able 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. First, the injury must be caused by their employer's negligence.
Workers' Compensation vs. FELA
While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work, these two laws differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation applies to a variety of jobs in both the public and private sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.
FELA was passed due to the risk of injury for railroad workers is high. Congress passed this law to safeguard workers as well as their families and themselves in the event of accident on the job. To be eligible for compensation under FELA the worker must prove that the employer violated any federal law 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.
FELA also offers compensation for pain and suffering, which are not covered by workers' comp. Contrary to a workers' comp claim, which is typically capped at an amount based on the severity of injuries and other injuries, an FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.
The main difference between FELA compensation and workers compensation is that in order 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 is found to be responsible for their injury, the amount of their damages could be reduced. If a worker is injured due to being told to do something against company policy, and the company was held 50% responsible for the incident, then the company could be held to be 50% responsible.
Workers' compensation cases require shorter timeframes to submit an claim. In the case of a FELA case, the statute of limitations is three years from the date of your injury when in the case of workers' compensation the statute of limitation is one year. It is therefore crucial to contact a FELA lawyer experienced in the earliest time you can after your injury.
FELA in vs. State Law
If a worker on the railroad is injured on the job, he or she may submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus an effective FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury to the worker.
The FELA legislation, which was passed in 1908, was designed to provide compensation for railroad workers who are injured because of the nature of their job. Before the enactment this law, railroad worker death and injury rates were high. This led to the need to provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be 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 responsible under the FELA.
FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury because of its negligence or a violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused partially or in full by such negligence.
FELA cases have benefited tort law by creating precedent for issues such as emotional distress in the railroad as well as damages distribution and working condition standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site facilities such as private hotels where a railroad's workers might stay while traveling to work. A railroad attorney can help a railroad worker who has been injured receive the full benefits she is eligible for under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker is injured on the job, injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payouts and loss of future earnings but they differ in important ways.
Contrary to workers' compensation which allows workers to file without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration, 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.
FELA allows injured railroad workers to have their cases ruled by a committee of their peers, and not the authority that oversees administrative workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that may be given to injured workers, while workers compensation claims limit damages according to a pre-determined timetable.
It is crucial to understand the difference between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They are required to pursue their cases under FELA. If you or someone you love was injured on the job as a railroad employee, it is crucial to speak with a professional FELA attorneys.
Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact fela case settlements to speak with a lawyer. We are ready to help you get the most benefits available under FELA. To find 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 offer free consultations and are available by telephone or in person to discuss your case. Our attorneys 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 workers to sue their employer for injuries. Unlike workers' compensation, which provides the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on 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) and death benefits as well as pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disabilities which is usually less than the amount the worker is losing.
The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their families to bring lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide is a good place to start your research. It provides links to various online resources on the Villanova Law Library's website. Access to some of these resources might require the use of a password.
This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. Please consult an attorney if you require assistance.
Many workers are unaware that FELA provides railroad employees with specific protections. Many people mistakenly believe that FELA is similar to the state laws governing workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so they can receive the best representation. A lawyer with experience can help the family of a railroad worker who has passed away or injured in understanding the different types damages available to them. The injured person will be able to receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.