Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most workers' compensation laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
In order to prevail in a FELA claim, railroad workers must demonstrate two things. First, the injury must have been caused by their employer's negligence.
FELA vs. Workers' Compensation
While workers compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation is applicable to a variety of jobs in both the public and private sectors. FELA and workers' compensation differ in the way they determine fault and the way in which damages are awarded and where cases are tried.
FELA was passed because the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard family members and employees in the event they were injured while on the job. In order to be compensated under FELA the worker must prove that their employer violated the federal law or regulation that pertains to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
FELA also offers compensation for pain and suffering, which are not covered by workers' compensation. Contrary to claims under workers' compensation that are typically limited based on the type of injury sustained, a FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment of living.
Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA, the worker must show that the company was at a minimum partially responsible for their injuries. If a worker is found to be the cause of their injury, the amount of their damages could be reduced. For instance when the worker was told to do something not in line with company policy and suffered injuries due to the incident the company could be held 50% accountable for their injuries.
Workers' compensation cases require an earlier time frame to make claims. In the case of a FELA case the statute of limitations is three years from date of your injury however, in the case of workers' compensation, the statute of limitations is one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after the injury.
FELA vs. State Law
If a railroad worker gets injured on the job, he or she may make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that the negligence resulted in injuries to the worker.
The FELA legislation, which was passed in 1908, is designed to provide compensation for railroad workers who have suffered injuries because of the nature of their job. Prior to the passing of this law, injury and death rates among railroad workers were quite high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation laws.
In general the majority of cases, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. For example, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.
FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death was caused in part or completely due to such negligence.
FELA cases have improved tort law by establishing of precedents in areas such as a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims specifically have sparked national attention to the issue of an employer's obligation to provide a safe working environment for its workers. This includes off-site places like private hotels which railroad employees may stay while on business. A railroad attorney can help a railroad worker who has been injured receive the full benefits he or she is eligible for under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker suffers an injury on the job or at work, they may seek workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payouts and loss of future earnings however, they differ in significant ways.
Unlike workers' compensation, which allows employees to file a claim without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that caused their injuries. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.
In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of colleagues rather than the administrative authority that oversees workers' compensation claims. FELA does not restrict the amount of damages an injured worker may be awarded, whereas workers' compensation claims do.
The distinction between these two statutes is important to know, particularly for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you know was injured while working as a railroad employee, it is essential to speak with experienced FELA lawyers.
Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We're ready to help you maximize the benefits that are available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. fela claims railroad employees provide free consultations and are able to discuss your case over the phone or in person. Our attorneys work on a contingent basis, which means that you will not be charged unless you win.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injuries claims. In contrast to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses as well as lost wages (including future earning potential) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually falls far short of covering the true costs of a worker.
The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a good place to begin your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these websites require a password to access.
This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to be legal advice. You should consult with an attorney if you require additional assistance.
Many workers do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. While many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Injured railroad workers should be aware of the differences between these two kinds of claims to get the best representation. A skilled lawyer can assist the family of a railway worker who has passed away, or injured understanding the various types of damages that they are entitled to. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who was injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.