Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured while on the job. 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 win a FELA claim, railroad workers must demonstrate two things. First, that the injury was the result of their employer's negligence.
FELA Vs. Workers' Compensation
While workers' compensation and FELA both are designed to compensate workers for injuries or illnesses that result from their work, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a broad range of private and public sector jobs. FELA and workers' compensation also differ in the way they determine fault, how damages are awarded, and where and how cases are handled.
FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed the law to protect family members and employees in the event they were injured while working. In order to be compensated under FELA the worker must prove that the employer violated the federal law or regulation relating to workplace safety. 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 pain and suffering. Contrary to a workers' comp claim, which is usually limited to a certain amount based on the severity of injuries and other injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life.
A 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 the injury suffered by a worker is determined to be their fault their damages can be reduced. For instance when the worker was told to perform a task that was in violation of company policy and were injured as a result the company could be held 50% responsible for their injuries.
Workers' compensation cases require shorter timeframes to submit claims. In the case of a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' compensation case, it's only one year. This is why it is crucial to consult a seasoned FELA lawyer as soon as you can after your injury.
FELA vs. State Law
If a railroad employee is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' compensation statutes which offer benefits regardless of who was responsible for the injury, FELA is a liability statute. Thus an effective FELA claim requires proof that the railroad was negligent and that the negligence was responsible for the injury to the worker.
The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad employee deaths and injuries were high. This sparked the need to offer railroad workers a extensive coverage that is greater than workers' compensation laws.
In general, a FELA claim is filed in federal court because the FELA is a federal law. 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 responsible under the FELA.
FELA claims are similar to workers compensation claims in that they cover lost wages, medical costs and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury because of its negligence or violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused in part or in full by such negligence.
FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad, damages distribution and working conditions requirements. FELA claims particularly, have brought federal attention to the issue of an employer's obligation to provide a safe work environment for its employees. This includes off-site locations such as private hotels, where railroad workers may stay while on business. The right railroad attorney can assist an injured railroad worker receive the full benefits that he or she is entitled under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker sustains an injury while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However they differ in important ways.
Unlike workers' comp which permits employees to file without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with a safety law of the federal government that caused their injury. 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 because evidence of negligence is required.
FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, rather than the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of damages an injured worker could be awarded, whereas workers' compensation claims do.
It is essential to understand the distinction between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. railroad injury fela lawyer have to be pursuing their cases under FELA. If you or someone you love has been injured as an employee of a railroad, it is important to speak with a professional FELA lawyers.
To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are ready to help you obtain 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 offer free consultations and are willing to discuss your case over the phone or in person. Our attorneys are on a contingency basis, which means that 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 in injuries claims. Unlike workers compensation, which provide the same amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses as well as lost wages (including future earning potential), death benefits, along with pain and suffering. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually does not cover the actual losses of a worker.
The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file an action against their employer to recover damages caused by the company's negligence. This LibGuide is a good place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access.
This LibGuide is intended as an educational supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. If you require further assistance, please consult an attorney.
Many people are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is comparable to the state laws governing workers' compensation, but they are not. Railroad workers who have been injured should be familiar with the differences between these two types of claims to obtain the best possible representation. A qualified lawyer can assist the family of a railroad worker who has passed away or the injured employee in understanding the various kinds of damages they can claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you are a railroad employee who was injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.