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Workers Compensation Vs Federal Employers? Liability
Railroad employees face unique legal issues when they suffer injuries at work. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' employers’ liability act fela Act.
To win a FELA claim railroad workers must prove two things. First, they must prove that the injury occurred as a result of their employer's negligence.
FELA vs. Workers' Compensation
While workers' compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a variety of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a broad range of jobs in both the private and public sectors. FELA differs from workers' compensation in that it is governed by the person who caused the accident, what damages are awarded and how and where cases are heard.
FELA was enacted because the risk of injury to railroad workers is very high. Congress passed the law to safeguard the families of workers in the event that they are injured while working. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation related 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 income and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including pain and suffering. Unlike workers' compensation claims, which are generally capped based on the injuries sustained, FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment of living.
Another distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injury. If a worker is found to be responsible for their injuries the amount of damages may be reduced. For example when an employee was directed to do something 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 a faster timeline for filing claims than a FELA case. In a FELA case, the statute of limitations is three years from date of your injury, when in a workers' compensation case, the statute of limitations is one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury.
FELA vs. State Law
If a worker on the railroad is injured on the job and suffers an injury, they can make a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused injuries to the worker.
The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passing of this law, death and injury rates among railroad workers were extremely high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.
FELA claims are similar to claims for workers compensation claims in that they compensate for lost wages, medical costs, and pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the death or injury because of its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death, was caused in part or in totality due to the negligence.
FELA cases have benefited tort law by creating precedent for issues such as railroad emotional distress and damages distribution as well as working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may be staying to work. A railroad attorney can help the railroad worker who has been injured receive the full benefits 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, including medical coverage and monetary payouts. However they differ in some important ways.
Contrary to workers' compensation which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because evidence of negligence must be proven.
FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, rather than the authority that oversees administrative workers compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be given to injured workers while workers' compensation claims limit damage awards based on a pre-determined schedule.
It is important to know the distinction between these two laws, especially for railroad workers who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you know was injured on the job as a railroad worker it is essential to speak with experienced FELA attorneys.
To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're here to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's website to find an experienced Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case over the phone or in person. Our lawyers are on a contingent basis, meaning that you won't be charged unless we win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. In contrast to workers' compensation, which pays a fixed amount 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) and death benefits along with pain and suffering. Workers compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disability which is usually lower than what a worker has lost.
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 damages resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. It also provides links to a variety of online resources available on the Villanova Law Library's website. Access to certain resources might require the use of a password.
This LibGuide is designed to be an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Please consult an attorney should you require additional assistance.
Many workers are unaware that FELA offers railroad workers specific protections. Many people mistakenly believe that FELA is like state workers' compensation laws but they're not. Railroad workers injured in an accident should be aware of the distinctions between these two kinds of claims to obtain the best possible 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 injured person will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad employee who has been hurt on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.