Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries on the job, they face unique legal issues. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must demonstrate two things. First, the injury must have been caused by their employer's negligence.
FELA against. Workers' Compensation
Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However they differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of private and public 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 method by which and where cases are heard.
The risk of injury is very high for those working on the railroad and that's why FELA was passed in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In fela claims railroad employees to receive compensation under FELA, the worker must prove that their employer violated a federal statute or regulation that relates 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 pain and suffering, which are not covered by workers' compensation. Contrary to a workers' comp claim, which is generally limited to a certain amount based on injuries however, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.
The main distinction between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For example, if the worker was told to do something in violation of company policy and were hurt due to the incident the company could be held 50% accountable for their injuries.
Workers' compensation cases have an earlier time frame to file claims. In the case of a FELA claim, the statute of limitation is three years from the date the injury occurred, but in a workers' comp case, it's only one year. It is therefore important to consult a FELA lawyer experienced in the earliest time you can after the injury.
FELA vs. State Law
If a railroad worker is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Thus the successful FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury to the worker.
The FELA, which was passed in 1908, was designed to compensate railroad workers who have been injured because of the nature of their job. Prior to the passage of this law, railroad worker accident and death rates were high. This led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
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 instance an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was liable under the FELA.
FELA claims are similar to workers compensation in that they cover lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the injury or death due to its negligence or in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the injury or death was a result of the whole or in part by the negligence.
FELA cases have improved tort law through the creation of precedents for issues like emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site facilities such as private hotels where railroad employees may be staying to work. An experienced attorney for railroads can help an injured railroad worker obtain the full benefits that he or she is entitled under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured while on the job then he or she may file for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits like medical coverage and monetary payouts. However they differ in important ways.
Contrary to workers' compensation, which allows employees claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence must be provided.
FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, rather than the authority that oversees administrative workers compensation claims. FELA does not restrict the amount of damages an injured worker may receive, while workers' compensation claims do.
The distinction between these two statutes is important to know, particularly for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone close to you has been injured as a railroad employee it is essential that you speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to help you get the most benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by phone or in person to discuss your case. Our attorneys also operate on a contingency basis which means that you don't pay unless we win your case.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which is an amount fixed, regardless of the fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits and 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, which often falls far short of covering the actual losses of a worker.
The FELA law is applicable to railroads operating in interstate or international commerce, and permits injured employees and their families to bring a lawsuit against their employer for any damages resulting from the company's negligence. This LibGuide is a great place to begin your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources may require an account password.
This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. Please consult an attorney if you need assistance.
Many people are unaware that FELA provides railroad employees with specific protections. Many people believe that FELA is similar to state workers' compensation laws however they aren't. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they can get the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad employee to comprehend the various types of damages available for their claim. The person who has been injured will be able to receive the maximum amount of compensation permitted by FELA. If you're a railroad employee injured on the job, you should consult a firm of Designated Legal Counsel.