Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal issues. Contrary to the majority of workers insurance laws, railroad workers 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. First, that the injury occurred as a result of the negligence of their employer.
FELA against. Workers' Compensation
While workers' compensation and FELA both seek to compensate workers for illnesses or injuries that occur during work however, the two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a wide range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides fault and how damages are determined and the manner in which cases are tried.
FELA was passed due to the risk of injury for railroad workers is extremely high. Congress passed the law to protect the families of workers in the event that they are injured while working. In order to be compensated under FELA the worker must prove that their employer violated a federal statute or regulation that relates to safety at work. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
FELA also offers compensation for pain and suffering, which are not covered by workers' comp. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based on injuries, a FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.
Another difference between FELA and workers' compensation is that to receive compensation under FELA workers must show that the company was at least partly accountable for their injury. If a worker is found to be the cause of their injury the amount of damages could be reduced. For instance when an employee was directed to perform a task that was in violation of company policy and were hurt as a result, the company could be held 50% responsible for their injuries.
Workers' compensation cases require a shorter timeline to make a claim. In a FELA claim, the statute is three years from when the injury occurred, but in a workers' comp case, it is one year. It is therefore important to contact a FELA lawyer experienced in the earliest time you can after your injury.
FELA vs. State Law
If a railroad worker gets injured while working the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the 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 played a role in causing the worker's injury.
The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the passage of this law, injury and death rates among railroad workers were quite high. This resulted in the need for a comprehensive coverage that goes beyond the laws governing workers' compensation.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, fela claims railroad employees are sometimes filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the FELA.
FELA claims are similar to workers compensation claims in that they cover lost wages, medical costs as well as pain and suffering damages. These damages are based on the fact that the railroad was responsible for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused in part or completely due to such negligence.
FELA cases have influenced tort law by establishing of precedents in areas such as a railroad emotional distress, damages allocation and working conditions standards. In particular, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its employees are provided with a safe workplace. This includes off-site places like hotels that private parties use in which railroad workers may stay to work. The right railroad attorney can help an injured railroad worker get the full benefits that they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured on the job, he or she can apply for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However, they are different in important ways.
Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law which caused 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 provided.
In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and get their case decided by a group of their peers rather than the administrative authority who oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker could be awarded, whereas workers' compensation claims do.
It is essential to understand the distinction between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad worker, it is crucial to speak with experienced FELA attorneys.
To learn more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits available under FELA. Click here to go to the National Division BLET's website to locate a certified 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 willing to discuss your case over the phone or in person. Our attorneys are on a contingent basis, meaning that you will not be charged until we win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injury claims. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses and lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far less than what an individual loses.
The FELA law is applicable to railroads that are involved in global or interstate commerce. It allows injured employees and their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good starting point to start your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these websites require a password to access.
This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be taken as legal advice. If you require more help you should consult an attorney.
Many people do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers who have been injured should be familiar with the distinctions between these two types of claims to receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away, or the injured employee in understanding the various types of damages that they are entitled to. This will enable the injured worker to get the maximum amount of compensation under FELA. If you are a railroad worker who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.