Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they face particular legal challenges. Contrary to the majority of workers insurance laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
To win a FELA case, railroad workers need to prove two things. First, they must prove that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
Workers compensation and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However, they differ in a few ways. FELA only applies to railroad workers whereas workers' compensation applies to a variety of jobs in the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded and the method by which and where the cases are decided.
The risk of injury is a high risk for workers on railroads, which is why FELA was adopted in 1908. Congress passed this law to protect workers, their families and themselves in the event of accident on the job. In order to be compensated under FELA the worker must prove the employer violated any federal law or regulation that relates to workplace safety. Examples 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 which aren't covered under workers compensation, like pain and suffering. In contrast to claims for workers' compensation that are typically limited based on the type of injury sustained, a FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment living.
Another distinction between FELA and workers' compensation is that to get compensation under FELA, the worker must show that the company was at least partly accountable for their injury. If the injury suffered by a worker is determined to be their fault the damages they suffer could be reduced. If a worker is injured because they were told to violate company policy and the company was held 50% accountable, for example, then the company could be held at 50% accountable.
Workers' compensation is an earlier filing time for a claim than a FELA case. In the case of a FELA claim, the statute of limitation is three years from when your injury occurred, whereas in a workers' compensation case, it's one year. This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury.
FELA Vs. State Law
When a railroad worker is injured while working and suffers an injury, they can file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for causing the worker's injury.
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 passing of this law, injury and death rates among railroad workers were extremely high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws.
In general it is the case that the majority of FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was liable under the FELA.
Similar to workers compensation as well, like workers' compensation, a FELA claim compensates the injured worker with wages lost, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad was liable for the injury or death due to its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the death or injury was a result of the 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, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site facilities like hotels that are private, where railroad workers may stay when traveling for business. A good 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 while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, financial payments, and future earnings loss, they differ in important ways.
Contrary to workers' compensation which allows employees to file without having to prove that their employer was to blame, 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that the evidence of negligence has to be provided.
Additionally, fela lawyer allow injured railroad workers to take their case to a jury trial and be ruled on by a panel of their peers rather than the administrative authority who oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can receive, while workers' compensation claims do.
The difference between the two statutes is crucial 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 on the job as a railroad worker it is essential to speak with a professional FELA attorneys.
To find out more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you pursue the maximum benefits under FELA. Click here to visit the National Division BLET's site to find a certified Designated legal Counsel (DLC). 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 case by phone or in person. Our attorneys work on a contingent basis, meaning that you will not be charged until we win.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often is not enough to cover the actual losses of a worker.
The FELA law applies to railroads involved in international or global trade. It allows injured employees, as well as 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 includes links to various online resources on the Villanova Law Library's website. Access to certain resources might require an account password.
This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. You should consult with an attorney if you need additional assistance.
Many workers are unaware that FELA offers railroad workers special protections. Many people believe 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. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages that are available to their claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, you should consult a firm of Designated Legal Counsel.