Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face unique legal issues. Contrary to the majority of workers insurance laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
To prevail in a FELA claim, railroad workers must demonstrate two things. The first is that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a variety of jobs within the public and private sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and how and when cases are heard.
FELA was passed due to the danger of injury for railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury while working. To be eligible for compensation under FELA the worker must show the employer violated the federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
FELA also provides compensation for suffering and pain that are not covered by workers' compensation. In contrast to a workers' compensation claim, which is generally limited to a certain amount based upon the severity of injuries and other injuries, an FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.
Another distinction between FELA and workers compensation is that in order to get compensation under FELA the worker must prove that the employer was at least partially responsible for their injuries. If an injury suffered by a worker is found to be their fault the damages they suffer could be reduced. For instance, if a worker was instructed to perform a task that was in violation of company policy and were hurt due to the incident the company could be held 50% responsible for their injuries.
Workers' compensation cases have a shorter timeline to submit an claim. In the case of a FELA case the statute of limitations is three years from date of your injury, when in a workers' compensation case, the statute of limitations is one year. It is therefore important to contact an FELA lawyer experienced in the earliest time you can following your injury.
FELA in vs. State Law
If a railroad employee is injured while at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury to the worker.
The FELA law, which was enacted in 1908, was designed to compensate railroad employees who are injured due to the nature of their work. Prior to the passing of this law, death and injury rates among railroad employees were very high. This led to the need provide railroad employees with complete coverage, which is higher than workers' compensation law.
In general it is the case that 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 fela lawsuit settlements from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.
FELA claims are similar to claims for workers' compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the injury or death was a result of the whole or in part due to such negligence.
FELA cases improved 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 national attention to the issue of an employer's duty not delegated to ensure that their 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 be staying for business reasons. The right railroad attorney can help an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker is injured on the job, injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in some important ways.
In contrast to workers' compensation, which allows employees to file a claim without proving that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law 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 workers' compensation claims, because the evidence of negligence has to be provided.
Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of their colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA also does not limit the amount of damages an injured worker could receive, while workers' compensation claims do.
It is crucial to understand the distinction between these two statutes, especially for railroad workers who aren't covered under state workers' compensation laws. They have to take their cases to FELA. If you or a loved one has been injured as an employee of a railroad it is essential to speak with a professional FELA lawyers.
To find out more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you get the most benefits available under 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 free consultations, and are available via phone or person to discuss your case. Our lawyers are on a contingency basis, meaning that you will not be charged unless you succeed.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injury claims. In contrast to workers' compensation which provides a fixed amount regardless of the cause, FELA cases will be decided by juries based upon 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. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually does not cover the true costs of a worker.
The FELA law is applicable to railroads that are involved in global or interstate commerce. It allows injured employees and their families, to sue their employer for damages directly resulting from the negligence of the company. This LibGuide is a great place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.
This LibGuide is intended as an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Consult an attorney if you need assistance.
Many workers are unaware that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Injured railroad workers need to be aware of the differences between the two types of claims so that they receive the most effective representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. 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 hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.