Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they suffer injuries on the job. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must prove two things. First, the injury must be the result of the negligence of their employer.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However, they differ in a few ways. Particularly, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of public and private jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded and how and where the cases are decided.
The risk of injury is a high risk for workers on the railroad This is the reason FELA was enacted in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an injury on the job. To receive compensation under FELA the worker must show their employer has violated the federal law or regulation that relates to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers' compensation, including pain and suffering. Unlike a workers' compensation claim, which is generally capped at an amount based on the severity of injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.
fela lawyers between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must prove that the employer was at minimum partially responsible for the injury. If an injury suffered by a worker is determined to be their fault their damages can be reduced. For example when a worker was instructed to do something against company policy and they suffered injuries due to the incident, the company could be held 50 percent responsible for their injuries.
Workers' compensation has a faster timeline for filing claims than the FELA case. In the case of a FELA claim, the statute is three years from the date the injury occurred, but in a workers' comp case, it's one year. It is therefore important to consult an FELA lawyer who has experience as soon as you can following your injury.
FELA vs. State Law
If a worker on the railroad is injured on the job the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker.
The FELA law, which was enacted in 1908, was designed to compensate railroad employees who are injured because of the nature of their job. Prior to the passing of this law, the death and injury rates among railroad employees were quite high. This sparked the need to offer railroad workers a extensive coverage that is greater than workers' compensation laws.
In general, an FELA claim is filed in federal court since the FELA is a federal law. FELA claims can be filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.
Similar to workers' compensation, the FELA claim provides the injured worker with compensation for lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury due to its negligence or violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused partially or in full by such negligence.
FELA cases have influenced tort law by establishing of precedents for issues like a railroad emotional distress and damages allocation as well as working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that its workers are provided with a safe workplace. This includes off-site locations like private hotels where railroad employees can stay while on business. Railroad attorneys can help those who have been injured to receive the full benefits he or can claim under FELA.
FELA vs. State Workers' Compensation Laws
If workers are injured on the job then he or she may file for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, financial payouts and loss of future earnings but they differ in important ways.
Contrary to 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 that their employer violated an unconstitutional safety law 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. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.
In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and get their case decided by a group of their peers rather than the administrative authority who oversees workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers, while workers compensation claims limit damages in accordance with a set schedule.
It is crucial to understand the difference between these two statutes, especially for railroad workers who aren't covered under state laws on workers' compensation. They are required to take their cases to FELA. If you or a loved one has been injured as a railroad employee it is crucial that you speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak with an attorney. We're prepared to assist you pursue the maximum benefits under FELA. Click here to visit the National Division BLET's website to find a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by phone or person to discuss your case. Our lawyers are on a contingency basis, meaning that you will not be charged until we win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses as well as lost wages (including future earning potential) and death benefits as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical care and a fixed amount of money to cover long-term disabilities that is often less than what a worker has lost.
The FELA law is applicable to railroads that participate in global or interstate commerce. It permits injured employees, as well as their families, to sue their employers for damages directly caused by the negligence of the company. This LibGuide offers a base to research this issue. It includes links to various online resources that are available on the Villanova Law Library's website. Access to certain resources may require an account password.
This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to be legal advice. You should consult with an attorney if you need assistance.
Many workers are unaware that FELA provides railroad employees with special protections. Many people mistakenly believe that FELA is comparable to state laws on workers' compensation, but they are not. Injured railroad workers should be aware of the differences between these two types of claims in order to receive the most effective representation. A skilled lawyer can assist the family of a railroad worker who has died or injured understanding the various kinds of damages they can claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you're a railway worker injured on the job, consult a firm of Designated Legal Counsel.