Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face unique legal challenges. Unlike most workers insurance laws, railroad workers have the right 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 the injury must be the result of the negligence of their employer.
FELA vs. Workers' Compensation
While workers compensation and FELA both attempt to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a wide range of public and private jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.
The risk of being injured is a high risk for workers on railroads This is the reason FELA was enacted in 1908. Congress passed the law to protect family members and employees in the event that they are injured while on the job. In order to be compensated under FELA, the worker must prove that their employer violated any federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
FELA also offers compensation for pain and suffering, which are not covered by workers' comp. Unlike workers' compensation claims that are typically restricted based on the injury suffered, a FELA is able to seek compensation for non-economic losses that include emotional distress or loss of enjoyment living.
Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must prove that the company was at a minimum partially responsible for their injury. If the injury suffered by a worker is found to be the fault of the company the damages they suffer could be reduced. If a worker is injured because they were instructed to violate company policy and the company is held 50% accountable, for example, then the company could be held at 50% accountable.
Workers' compensation cases have an earlier time frame to file an claim. In a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it's one year. This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury.
FELA Vs. State Law
If a railroad worker is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of the worker's injuries.
The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have been injured because of their job. Prior to the passage of this law, injury and death rates among railroad workers were extremely high. This led to the need for a comprehensive coverage 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 case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.
Like workers compensation and workers' compensation, a FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the fact that the railroad was liable for the death or injury due to its negligence or a violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. fela claims railroad employees has to prove that the injury or death was caused in part or in totality due to the negligence.
FELA cases have benefited tort law by establishing precedents for issues like emotional distress in the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site places like private hotels which railroad employees may stay when traveling for business. A good railroad attorney can help an injured railroad worker get the full benefits to which they are entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker suffers an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payouts, and future earnings loss however, they differ in significant ways.
Contrary to workers' compensation 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims since proof of negligence is required.
Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a panel of their peers, not the administrative authority that oversees workers compensation claims. FELA also does not limit the amount of damages an injured worker may receive, while workers' compensation claims do.
It is essential to understand the difference between these two laws, especially for railroad employees who aren't covered under state laws on workers' compensation. They have to pursue their cases under FELA. If you or a loved one has been injured by a railroad employee it is crucial that you speak with experienced 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're ready to help you maximize the benefits under FELA. Click here to visit the National Division BLET's website to find an experienced Designated Legal Counsel (DLC). 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 by phone or in person. Our lawyers work on a contingent basis, which means that you will not be charged until we prevail.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp which is an amount fixed, regardless of the fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, and pain and suffering. Workers' compensation, on the other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability that is often less than the amount an individual loses.
The FELA law applies to railroads involved in international or global trade. It permits injured employees, as well as their families to sue their employers for damages directly caused by the negligence of the company. This LibGuide offers a base to research this issue. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to be construed as legal advice. You should consult with an attorney if you need assistance.
Many people are unaware that FELA offers railroad workers special protections. Though many people believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they can get the best representation. A qualified lawyer can assist the family of a railroad worker who has died or injured in understanding the various kinds of damages available to them. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.