Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured while on the job. Unlike most workers' compensation 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 demonstrate two things. First the injury must be caused by their employer's negligence.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However they differ in couple of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of public and private jobs. FELA and workers' compensation also differ in terms of who determines fault and how damages are determined, and where and how cases are decided.
The risk of being injured is high for people working on the railroad and that's why FELA was passed in 1908. Congress passed this law to safeguard workers as well as their families and themselves in the event of accident on the job. In order to receive compensation under FELA workers must prove that their employer violated a federal statute or regulation relating to safety in the workplace. 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' compensation, including suffering and pain. Contrary to a workers' comp claim, which is typically restricted to a maximum amount based on injuries however, a FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.
Another difference between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must prove that the company was at least partly responsible for their injury. If an injury suffered by a worker is found to be the fault of the company their damages can be reduced. If a worker gets hurt because they were told to follow company policy, and the company was held 50% accountable for instance, the company may be held to be 50% responsible.
Workers' compensation requires an earlier timeframe for filing an claim than a FELA case. In the case of a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it's only one year. This is why it is crucial to speak with an experienced FELA lawyer immediately following your injury.
fela attorneys in vs. State Law
If a worker on the railroad is injured on the job the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Thus an effective FELA claim requires proof that railroad negligence was at play and that such negligence contributed to causing the worker's injury.
The FELA legislation, which was passed in 1908, was designed to compensate railroad workers who are injured because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad employees were quite high. This sparked the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.
FELA claims are similar to workers compensation in that they cover the loss of wages, medical expenses, and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must show that the injury or death was caused in total or in part by the negligence.
FELA cases have improved tort law by setting precedent for issues such as railroad emotional distress, damages distribution and working conditions standards. FELA claims specifically have drawn national attention on the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might be staying to work. An attorney for railroads can assist those who have been injured to receive the full benefits he or can claim under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured on the job, injury while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payouts and loss of future earnings however, they differ in significant ways.
Unlike workers' compensation, which allows employees to file without proving their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that caused 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 due to the fact that the evidence of negligence has to be presented.
FELA allows railroad workers who are injured to have their cases considered by a group consisting of their peers, not the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.
The difference between these two statutes is important to know, particularly for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you love has been injured while working as a railroad employee, it is essential to speak with a professional FELA lawyers.
To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you pursue the maximum benefits available under FELA. Click here to visit the National Division BLET's website to find an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your case over the telephone or in person. Our attorneys also operate on a contingency basis which means that you don't pay until we are successful in settling your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation, which provides an amount that is fixed regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses as well as lost wages (including future earning potential), death benefits, as well as suffering and pain. Workers compensation, on contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disabilities that is often less than the amount the worker is losing.
The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their family members to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a good starting point to research this issue. The LibGuide provides links to online resources available on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. Please consult an attorney if you need assistance.
Many people do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people are mistakenly thinking that FELA is like the state laws governing workers' compensation however they aren't. Railroad workers who have been injured should be familiar with the differences between these two types of claims to receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has died or the injured employee in understanding the various kinds of damages available to them. This will enable the injured worker to get the maximum amount of compensation under FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.