Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they are injured while on the job. 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. First the injury must be the result of the negligence of their employer.
FELA Vs. Workers' Compensation
While workers' compensation and FELA both seek to compensate employees for work-related injuries or illnesses however, the two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a variety of jobs in both the private and public sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and where cases are heard.
The risk of injury is a high risk for workers on railroads and that's why FELA was adopted in 1908. Congress passed the law to protect family members and employees in the event of being injured on the job. To be eligible for compensation under FELA the worker must prove that their 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.
FELA also provides compensation for pain and suffering, which are not covered by workers' comp. In contrast to claims for workers' compensation, which are generally capped based on the injuries sustained, FELA is able to seek compensation for noneconomic damages that include emotional stress or loss of enjoyment living.
A 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 employer was at minimum partially responsible for the injury. If a worker's injury is found to be their fault, their damages could be reduced. For instance in the event that an employee was directed to perform a task that was against company policy and they were hurt due to the incident, the company could be held 50% responsible for their injuries.
Workers' compensation is an earlier timeframe for filing claims than a FELA case. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, while in a workers' compensation case, it's only one year. It is therefore important to consult a FELA lawyer with experience as soon as you can following your injury.
FELA vs. State Law
If a railroad employee gets injured while at work, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' compensation statutes, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires evidence that railroad negligence was at play and that such negligence was responsible for causing the worker's injury.
The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have been injured because of the nature of their work. Prior to the enactment of this law, railroad employee death and injury rates were high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation laws.
In general, an FELA claim must be filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. For instance, 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, the FELA claim provides the injured worker with lost wages, medical expenses and the cost of suffering. These damages are based upon the fact that the railroad was accountable for the injury or death because of its negligence or in violation of an applicable safety law, 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 because of the negligence of the railroad.
FELA cases improved tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its employees are safe in their workplace. This includes off-site locations such as private hotels, where railroad workers may be able to stay when on business. The right railroad attorney can assist a railroad worker get the full benefits that he or she is entitled under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker suffers an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, monetary payments and loss of future earnings however, they differ in significant ways.
Contrary to workers' compensation which allows employees to file without proving their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that caused their injuries. This includes laws such as 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, since proof of negligence is required.
Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a panel of their colleagues rather than the administrative authority that oversees workers compensation claims. FELA does not restrict the amount of damages an injured worker could receive, while workers' compensation claims do.
It is crucial to understand the difference between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you know has been injured while working as a railroad worker, it is essential to speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us today to speak with an attorney. We are prepared to help you pursue the maximum benefits under FELA. To find fela claims qualified 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 available by phone or in person to discuss your case. Our attorneys are on a contingent basis, meaning that you will not be charged until we prevail.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which provide the same amount of benefits regardless of who was responsible for the incident, 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, lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering a worker's true losses.
The FELA law applies to railroads that are involved in global or interstate commerce. It permits injured employees and their families, to sue their employers for damages resulting directly from the company's negligence. This LibGuide provides a starting point for research on this topic. The LibGuide contains links to online resources on the Villanova Law Library website. Access to some of these resources might require an account password.
This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. If you require more help seek advice from an attorney.
Many people do not realize that FELA is a unique piece of legislation that provides special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers injured in an accident must be aware of the differences between the two kinds of claims to ensure that they receive the best 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 various kinds of damages that they can claim in their claim. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who was injured on the job, contact a Designated Legal Counsel (DLC) firm for advice.
