Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they are faced with unique legal issues. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.
To win a FELA claim railroad workers must prove two things. The first is that the injury occurred as a result of the negligence of their employer.
FELA Vs. Workers' Compensation
Workers comp and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in a couple of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, what damages are awarded and the method by which and where cases are heard.
The risk of injury is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed the law to safeguard the families of workers in the event they were injured while on the job. In order to be compensated under FELA the worker must prove that their employer has violated any federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
FELA also offers compensation for suffering and pain that are not covered by workers' comp. Unlike a workers' compensation claim, which is generally limited to a certain amount based on injuries, an FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.
The distinction 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 very least partially responsible for the injury. If a worker is determined to be at fault for their injuries, the amount of their damages could be reduced. For example when the worker was told to perform a task that was not in line with company policy and were injured as a result the company could be held 50% responsible for their injuries.
Workers' compensation cases have a shorter timeline to file claims. In the case of a FELA case, the statute of limitations is three years from date of your injury, when in a workers' compensation claim, the statute of limitations is 1 year. This is why it is crucial to consult a seasoned FELA lawyer as soon as you can after your injury.
FELA Vs. State Law
If a railroad employee is injured at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation which provide benefits regardless of fault, FELA is a statute of liability. Therefore, a successful FELA claim requires evidence that the railroad was negligent and that negligence played a role in the injury to the worker.
The FELA law, which was enacted in 1908, is designed to compensate railroad employees who have suffered injuries because of their work. Prior to the passing of this law, the death and injury rates among railroad employees were very high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws.
A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was liable under the FELA.
FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical costs and pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death 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 prove that the injury or death was caused in whole or in part by the negligence of the railroad.
FELA cases have benefited tort law by establishing precedent for issues such as railroad emotional distress and damages distribution as well as working conditions requirements. Particularly, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its employees are provided with a safe workplace. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might stay for business purposes. An attorney for railroads can assist the railroad worker who has been injured receive the full amount of benefits she is eligible for 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 his employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However fela railroad accident lawyer differ in a number of important ways.
In contrast to workers' compensation, which allows workers to file without proving that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that led to their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.
FELA allows railroad workers who are injured to have their cases ruled by a committee of their peers, rather than the administrative authority overseeing workers' compensation claims. In addition, FELA does not put any limit on the amount of compensation that could be awarded to an injured worker, while workers compensation claims limit damages based on a pre-determined schedule.
The difference between these two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you has been injured by an employee of a railroad it is crucial to consult with a professional FELA lawyers.
To know more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are prepared to help you get the most benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed 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 free consultations and are able to discuss your situation by phone or in person. Our attorneys are on a contingent basis, meaning that you will not be charged unless you prevail.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers compensation, which offers the same amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover a worker's true losses.
The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their family members to file an action against their employer to recover damages caused by the negligence of the company. This LibGuide offers a base 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 for access.
This LibGuide was designed as a study aid for Villanova Law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney if you require additional assistance.
Many workers are unaware that FELA provides railroad employees with special protections. Though many people believe that FELA and state workers' compensation laws are alike however, they are quite different. Injured railroad workers need to be aware of the differences between the two kinds of claims to ensure they can receive the most effective representation. In the case of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim. This will allow the injured person to receive the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, consult a firm of Designated Legal Counsel.