Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they are injured at work. In contrast to most workers' compensation laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To win a FELA claim, railroad workers must be able to prove two things. The first is that the injury occurred as a result of their employer's negligence.
FELA vs. Workers' Compensation
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 variety of ways. FELA only applies to railroad workers whereas workers' compensation applies to a variety of jobs in the private and public sectors. FELA and workers' compensation are also different in terms of who determines fault and how damages are determined and where cases are tried.
The risk of injury is high for people working on railroads and that's why FELA was adopted in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an accident on the job. In order to be compensated under FELA workers must prove that their employer has violated a federal statute or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as pain and suffering. Unlike a workers' compensation claim, which is typically capped at an amount based upon the severity of injuries however, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life.
A difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must prove that the company was at the very least partially responsible for the injury. If a worker is found to be at fault for their injuries the amount of their injuries could be reduced. For example when an employee was directed to perform a task that was not in line with company policy and suffered injuries as a result, the company could be held 50 percent responsible for their injuries.
Workers' compensation cases require shorter timeframes to submit claims. In a FELA claim, the statute of limitation is three years from when the injury occurred, but in a workers' compensation case, it is one year. Therefore, it is important to speak with an FELA lawyer with experience as soon as you can after the injury.
FELA Vs. State Law
If a railroad worker is injured while working and is injured, they can make a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of fault, FELA is a statute of liability. Therefore an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury of the worker.
The FELA law, which was enacted in 1908, was enacted to provide compensation for railroad workers who have been injured because of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This resulted in the need for comprehensive coverage that goes beyond workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. fela settlements involved a railroad worker who claimed his employer was responsible for the FELA.
Like workers compensation, the FELA claim is a way to provide the injured worker with compensation for lost wages as well as medical expenses, pain and suffering damages. These damages are based on the notion that a railroad was responsible for the injury or death due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the injury or death was caused in total or in part due to the negligence.
FELA cases have improved tort law by establishing of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. FELA claims specifically have drawn national attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site locations such as private hotels where a railroad's workers might be staying for business reasons. A railroad attorney can help a railroad worker who has been injured to receive the full benefits he or can claim under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker is injured while working then he or she may apply for workers' compensation benefits or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However they differ in a number of important ways.
In contrast to workers' compensation, which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated a federal safety law that led to their injuries. 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 as evidence of negligence must be provided.
FELA allows railroad workers injured by a crash to have their cases considered by a panel of their peers, and not the authority that oversees administrative workers' compensation claims. FELA does not also limit the amount of damages an injured worker can receive, whereas workers' compensation claims do.
It is essential to understand the difference between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They must pursue their cases under FELA. If you or someone you love has been injured by a railroad employee, it is important that you speak with a professional FELA lawyers.
Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us today to speak to a lawyer. We are ready to help you obtain the maximum benefits from FELA. To locate 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 no-cost consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency basis which means that you don't pay unless we win your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker.
The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the company's negligence. This LibGuide is a good place to begin your research. It provides links to various online resources available on the Villanova Law Library's website. Access to some of these resources might require a password.
This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. If you need more assistance you should consult an attorney.
Many workers do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. 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 skilled lawyer can assist the family members of a railroad worker who has passed away or injured in understanding the various types of damages that they are entitled to. The injured worker 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 a firm of Designated Legal Counsel.