Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries on the job, they face unique legal challenges. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
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
Workers comp and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However they differ in few ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, and how much damages are awarded, and the manner in which and where the cases are decided.
FELA was passed due to the risk of injury to railroad workers is high. Congress passed this law to protect workers, their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA, the worker must prove that their employer has violated any federal law or regulation that pertains to safety at work. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
FELA also provides compensation for pain and suffering, which are not covered by workers' comp. Unlike workers' compensation claims, which are generally restricted based on the injury suffered, a FELA is able to seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living.
Another difference between FELA and workers compensation is that in order to receive compensation under FELA the worker must prove that the company was at least partially accountable for their injury. If a worker's injury is determined to be their fault, their damages could be reduced. For instance in the event that the worker was told to do something that was in violation of company policy and were injured due to the incident, the company could be held 50% responsible for their injuries.
Workers' compensation has a faster timeline for filing claims than a FELA case. In the case of a FELA claim, the statute of limitation is three years from when the injury occurred, but in a workers' comp case, it's one year. It is therefore important to contact a FELA lawyer with experience as soon as you can after the injury.
FELA Vs. State Law
If a railroad worker is injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in the worker's injuries.
The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad worker accident and death rates were high. This led to the need for a comprehensive insurance that goes beyond the laws governing workers' compensation.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state court. For example an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.
FELA claims are similar to claims for workers' compensation in that they provide the loss of wages, medical expenses, and 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 violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA claimant must prove that the injury or death was caused in whole or in part due to the negligence of the railroad.
FELA cases have influenced tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site facilities like hotels that are private, where railroad workers may be able to stay when on business. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full benefits he or she is eligible for under FELA.
fela law firm . State Workers' Compensation Laws
If workers are injured on the job, he or she can apply for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However, they are different in a number of important ways.
In contrast to workers' compensation, which allows employees apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has did not comply with a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims since proof of negligence is required.
FELA allows railroad workers injured by a crash to have their cases considered by a panel of their peers, and not the administrative authority responsible for deciding workers compensation claims. FELA does not also limit the amount of compensation an injured worker could receive, while workers' compensation claims do.
The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker, it is important to talk with experienced FELA lawyers.
To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits from FELA. Click here to visit the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are able to discuss your case over the phone or in person. Our lawyers also operate on a contingency basis, which means you don't pay unless we succeed in your case.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept 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), death benefits, and suffering and pain. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often does not cover a worker's true losses.
The FELA law is applicable to railroads that are involved in international or global trade. It permits injured employees and their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide offers a base to research this issue. It also provides links to a variety of online resources available on the Villanova Law Library's website. Access to some of these resources might require an account password.
This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to constitute legal advice. If you need more assistance seek advice from an attorney.
Many workers do not realize that FELA is a distinct piece of legislation that provides specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are the same but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so they can receive the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.