Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal challenges. In contrast to most workers insurance laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).
To win a FELA case railroad workers must prove two things. The first is that the injury occurred as a result of negligence by their employer.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of jobs within the private and public sectors. FELA and workers' compensation differ in regards to who decides fault and how damages are determined, and where and how cases are decided.
The risk of being injured is high for people working on the railroad, which is why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must prove their employer violated a federal law or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including suffering and pain. Contrary to claims under workers' compensation which are usually limited based on the type of injury sustained, a FELA can seek compensation for non-economic losses, such as emotional stress or loss of enjoyment of living.
The difference between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must prove that the company was at the least partially responsible for the injury. If the injury suffered by a worker is determined to be their fault their damages can be reduced. If a worker gets hurt because they were told to violate company policy, and the company is held 50% accountable for the incident, then the company could be held at 50% accountable.
Workers' compensation has an earlier timeframe for filing claims than the FELA case. In the case of a FELA case the statute of limitation is three years from the date of your injury while in a workers' compensation claim the statute of limitation is one year. It is therefore important to contact a FELA lawyer who has experience as soon as you can following your injury.
FELA Vs. State Law
If a railroad employee is injured while at work, he or her may pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury to the worker.
The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, railroad employee death and injury rates were high. This sparked the need to provide railroad employees with complete coverage, which is higher than workers' compensation laws.
In general the majority of cases, an FELA claim is filed in federal court since the FELA is a federal law. However, fela case settlements are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.
Similar to workers compensation as well, the FELA claim provides the injured worker with wages lost, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or completely due to such negligence.
FELA cases have influenced tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims particularly have sparked national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site places such as private hotels, where railroad employees can stay while on business. A good railroad attorney can assist an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured while on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings but they differ in important ways.
Contrary to workers' compensation which allows employees to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal safety law that 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 harder to win a FELA claim than workers' compensation claims as evidence of negligence is required.
Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a group of peers rather than the administrative authority who oversees workers' compensation claims. FELA also does not limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.
The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you love has been injured on the job as a railroad worker it is essential to speak with a professional FELA attorneys.
To find out more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to help you pursue the maximum benefits available under FELA. To locate a reputable 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 via phone or person to discuss your case. Our attorneys also work on a contingency basis that means you won't pay unless we are successful in settling your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp which provides an amount fixed, regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker.
The FELA law is applicable to railroads that are involved in interstate or global commerce. It allows injured employees, as well as their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide provides a starting point for research on this topic. It provides links to various online resources available on the Villanova Law Library's website. Some of these websites require a password to access.
This LibGuide was developed to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney if you require additional assistance.
Many people do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they can get the most effective representation. A skilled lawyer can assist the family of a railway worker who has passed away, or the injured employee in understanding the various kinds of damages that they are entitled to. This will allow the injured person to receive the maximum recovery allowed under FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.