Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they suffer injuries at work. In contrast to most workers insurance laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To prevail in a FELA case railroad workers must prove two things. First, that the injury occurred as a result of the negligence of their employer.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to pay employees who suffer from work-related illnesses or injuries. However they differ in a few ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a wide variety of jobs in both the public and private sectors. FELA and workers' compensation differ in regards to who decides the fault, how damages are awarded and where cases are handled.
FELA was passed because the danger of injury for railroad workers is high. Congress passed this law to safeguard workers, their families and themselves in the event of injury on the job. In order to be compensated under FELA workers must demonstrate that their employer violated the federal law or regulation relating to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Contrary to claims under workers' compensation, which are generally limited based on the type of injury sustained, a FELA is able to seek compensation for non-economic losses, such as emotional distress or loss of enjoyment of living.
A difference between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker has to prove that the company was at least partially responsible for the injury. If a worker is determined to be responsible for their injury the amount of damages may be reduced. If a worker is injured due to being told to violate company policy and the company is held 50% accountable, for example, then the company may be held to be 50% responsible.
Workers' compensation has an earlier filing time for a claim than the FELA case. In a FELA claim, the statute of limitation is three years from the date your injury occurred, whereas in a workers' compensation case, it is one year. Therefore, it is important to speak with an 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 and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires evidence that the railroad was negligent and that such negligence played a role in the injury to the worker.
The FELA was enacted 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, death and injury rates among railroad workers were very high. This resulted in the need for a comprehensive coverage that went beyond workers' compensation laws.
In general the majority of cases, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.
Like workers' compensation as well, like workers' compensation, a FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as the cost of suffering. The basis for these damages is the fact that the railroad was liable for the injury or death due to its negligence or in violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused partially or in totality due to the negligence.
FELA cases have influenced tort law through the creation of precedents in areas such as emotional distress on the railroad and damages allocation as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that their employees are protected in their workplace. fela law firm includes off-site places such as private hotels, where railroad workers may stay while on business. Railroad attorneys can help a railroad worker who has been injured to receive the full benefits she is eligible for under FELA.
FELA Vs. State Workers' Compensation Laws
If workers are injured on the job and suffers an injury on the job, they can claim workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However, they are different in some important ways.
In contrast to workers' compensation which permits employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has 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. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence has to be proven.
FELA allows railroad workers injured by a crash to have their cases decided by a group consisting of their peers, not the administrative authority overseeing workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that may be awarded to an injured worker, while workers' compensation claims limit damages in accordance with a set schedule.
It is crucial to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you know was injured on the job as a railroad employee, it is crucial to speak with a professional FELA lawyers.
Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak to an attorney. We're ready to help you get the most benefits that are available 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 attorneys work on a contingent basis, meaning you will not be charged until we succeed.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses, lost wages (including future earning potential) and death benefits as well as suffering and pain. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which usually does not cover a worker's true losses.
The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a great place to start your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide was created as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. Please consult an attorney if you need additional assistance.
Many workers are unaware that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people believe that FELA is similar to the state laws governing workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order that they can get the best representation. A skilled lawyer can assist the family members of a railroad worker who has passed away, or injured in understanding the various types of damages available to them. The injured person will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.