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 prevail in a FELA case railroad workers must establish two things. First, they must prove that the injury was the result of their employer's negligence.
Workers' Compensation vs. FELA
While workers compensation and FELA both seek to compensate employees for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation applies to a broad range of jobs within the private and public sectors. FELA and workers' compensation are also different in terms of who determines the fault and the way in which damages are awarded, and where and how cases are handled.
FELA was enacted because the risk of injury to railroad workers is very high. Congress passed the law to safeguard the families of workers in the event they were injured on the job. In order to be compensated under FELA the worker must demonstrate that their employer violated the federal law or regulation that relates to safety at work. fela attorneys of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
In addition to providing financial compensation for the past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. Contrary to claims under workers' compensation, which are generally capped based on the injuries sustained, FELA is able to claim compensation for non-economic damages like emotional stress 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 must prove that the company was at minimum partially responsible for the injury. If a worker's injury is found to be their fault the damages they suffer could be reduced. If a worker gets hurt because they were told to violate company policy, and the company is held 50% accountable for instance, the company could be held to be 50% responsible.
Workers' compensation has an earlier timeframe for filing claims than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore important to contact an FELA lawyer experienced in the earliest time you can after your injury.
FELA vs. State Law
If a worker on the railroad is injured on the job the worker can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that negligence was the cause of injuries to the worker.
The FELA was passed in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the passage of this law, the death and injury rates among railroad employees were extremely high. This led to the need for comprehensive coverage that went beyond the workers' compensation laws.
In general it is the case that the majority of FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was liable under the FELA.
FELA claims are similar to claims for workers' compensation in that they cover the loss of wages, medical expenses, and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the death or injury due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA plaintiff must prove that the injury or death was caused in whole or in part because of the negligence.
FELA cases have benefited tort law by establishing precedents for issues like railroad emotional distress as well as damages distribution and working conditions standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site locations like hotels that are private, where railroad workers may be able to stay when on business. A railroad attorney can help a railroad worker who has been injured receive the full amount of benefits is entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured on the job, he or she can file for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, cash payments, and future earnings loss, they differ in important ways.
Contrary to workers' compensation which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws which caused their injuries. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as the evidence of negligence has to be presented.
Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a group of colleagues rather than the administrative authority who oversees workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be granted to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule.
The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured on the job as a railroad worker, it is important to talk with experienced FELA lawyers.
To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're here to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's site to find a certified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available to discuss your case by phone or in person. Our lawyers work on a contingent basis, meaning you won't be charged unless we prevail.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers' comp which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity), death benefits, and pain and suffering. Workers' compensation, on the contrary, provides only temporary medical treatment and a predetermined amount of money to cover long-term disability that is often less than the amount a worker has lost.
The FELA law applies to railroads that operate in interstate or international commerce, and permits injured employees and their families to bring a lawsuit against their employer to recover damages caused by the company's negligence. 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 was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney if you require assistance.
Many workers do not realize that FELA is a unique piece of legislation that provides special protections to railroad workers. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws however they aren't. Railroad workers who have been injured must be aware of the differences between the two types of claims in order that they receive the most effective representation. A lawyer with experience can help the family members of a railroad worker who has passed away or the injured employee in understanding the various types of damages they can claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.