Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they face particular legal challenges. Railroad employees, unlike many workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA claim, railroad workers must be able to prove two things. First the injury must be caused by the negligence of their employer.
FELA Vs. Workers' Compensation
Workers compensation and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in a few ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs in both the public and private sectors. FELA and workers' compensation are also different in the way they determine fault and how damages are determined and the manner in which cases are handled.
The risk of being injured is a high risk for workers on railroads, which is why FELA was enacted in 1908. Congress passed the law to protect workers and their families in the event they were injured while on the job. To be eligible for compensation under FELA workers must prove that their employer has violated the 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 claims under workers' compensation that are typically capped based on the injuries suffered, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment of living.
The main distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the company was at the very least partially responsible for the injury. If a worker's injury is found to be the fault of the company their damages can be reduced. For instance, if the worker was told to perform a task that was in violation of company policy and were injured in the process, the company could be held 50% responsible for their injuries.
Workers' compensation cases have shorter timeframes to file an claim. In a FELA case the statute of limitations is 3 years from the date of your injury, when in the case of workers' compensation the statute of limitations is 1 year. It is therefore crucial to consult a FELA lawyer with experience as soon as you can following your injury.
FELA in vs. fela railroad accident lawyer
When a railroad worker is injured while working, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused the worker's injuries.
The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. This resulted in the need for a comprehensive insurance that goes beyond 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. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA.
FELA claims are similar to workers compensation in that they cover lost wages, medical expenses, and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or a violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the death or injury was caused in total or in part due to the negligence.
FELA cases have benefited tort law by setting precedents for issues like emotional distress in the railroad, damages distribution and working condition standards. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that their employees are protected in their workplace. This includes off-site places such as private hotels, where railroad workers may be able to stay when on business. An attorney for railroads can assist those who have suffered injuries to obtain the full benefits she is eligible for under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured on the job then he or she may apply for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However they differ in a number of important ways.
In contrast to workers' compensation, which allows workers to file without having to prove that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that led to their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims as evidence of negligence is required.
FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, and not the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damage awards according to a pre-determined timetable.
The difference between these two statutes is crucial to understand, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one has been injured by an employee of a railroad it is crucial that you speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are prepared to help you maximize the benefits under FELA. Click here to go to the National Division BLET's website to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available by phone or in person to discuss your case. Our lawyers also operate on a contingency fee which means that you don't pay unless we win your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which provides an amount fixed, regardless of the fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses, lost wages (including future earning potential), death benefits, along with suffering and pain. Workers compensation, on the contrary, provides only temporary medical treatment and a set amount of money to cover long-term disability, which is often far less than the amount a worker has lost.
The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their family members to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a great place to start your research. It also provides links to a variety of online resources on the Villanova Law Library's website. Access to some of these resources may require a password.
This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to constitute legal advice. You should consult with an attorney if you need assistance.
Many workers are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state laws on workers' compensation are alike, they are very different. Railroad workers injured in an accident should be familiar with the distinctions between these two types of claims in order to get the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away, or injured understanding the various types of damages they can claim. This will enable the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, you should consult a firm of Designated Legal Counsel.