Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured at work. 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 case, railroad workers need to demonstrate two things. The first is that the injury occurred as a result of negligence by their employer.
Workers' Compensation vs. FELA
Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However, they differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines the fault and how damages are determined and the manner in which cases are handled.
The risk of being injured is very high for those working on railroads and that's why FELA was enacted in 1908. Congress passed the law to protect workers and their families in the event that they are injured while on the job. In order to receive compensation under FELA workers must demonstrate 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.
In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, a FELA can seek compensation for noneconomic damages that include emotional distress or loss of enjoyment living.
Another distinction between FELA and workers compensation is that to receive compensation under FELA the worker must prove that the company was at least partly accountable for their injury. If an injury suffered by a worker is found to be the fault of the company their damages can be reduced. For instance, if an employee was directed to do something against company policy and they were injured due to the incident, the company could be held 50 percent responsible for their injuries.
Workers' compensation cases have a shorter timeline to file a claim. In a FELA claim, the statute is three years from the time the injury occurred, but in a workers' compensation case, it is one year. This is why it is important to speak with an experienced FELA lawyer as soon as you can after your injury.
fela lawsuit settlements . State Law
If a railroad worker gets injured while working, he or she may submit a claim for compensation under workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that negligence was the cause of the worker's injuries.
The FELA was enacted in 1908 and was intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passage of this law, the death and injury rates among railroad workers were extremely high. This led to the need for comprehensive coverage that went beyond workers' compensation laws.
In general the majority of cases, a FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.
Like workers compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with 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 because of its negligence or in violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must show that the injury or death was a result of the whole or in part because of the negligence.
FELA cases have benefited tort law by setting precedents for issues like emotional distress on the railroad and damages distribution as well as working condition standards. FELA claims, in particular have drawn national attention on the issue of the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site locations like private hotels which railroad employees may stay while on business. A railroad attorney can help the railroad worker who has been injured to receive the full benefits he or she is eligible for under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured on the job, injury while on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits like financial compensation and medical coverage. However they differ in a number of important ways.
In contrast to workers' compensation, which allows employees to file a claim without proving that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to their injuries. This includes laws such as 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 proven.
FELA allows injured railroad workers to have their cases ruled by a panel of their peers, rather than the administrative authority overseeing workers' compensation claims. In addition, FELA does not put an upper limit on the amount of damages that can be awarded to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule.
It is important to know the difference between these two statutes, particularly for railroad workers who aren't covered by state workers' compensation laws. They must take their cases to FELA. If you or someone you love has been injured as a railroad employee it is essential to speak with a knowledgeable FELA lawyers.
Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We are prepared to help you maximize the benefits under FELA. To find a qualified 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. We offer no-cost consultations, and are available via phone or person to discuss your case. Our attorneys also operate on a contingency fee which means that you don't pay until we win your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the accident, 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 and lost earnings (including future earning capacity) as well as death benefits as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disabilities, which is often far less than the amount the worker is losing.
The FELA law applies to railroads involved in global or interstate commerce. It permits injured employees, as well as their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.
This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be construed as legal advice. If you require more help you should consult an attorney.
Many workers are unaware that FELA provides railroad employees with specific protections. Many people are mistakenly thinking that FELA is like state laws on workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order they can receive the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured in understanding the various types of damages they can claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad employee who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.