Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they face unique legal issues. In contrast to most workers insurance laws, railroad employees have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).
To win a FELA case, railroad workers need to prove two things. First, that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
While workers compensation and FELA both seek to compensate workers for work-related injuries or illnesses However, these two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of private and public sector jobs. FELA and workers' compensation are also different in the way they determine fault and how damages are determined and where cases are tried.
FELA was passed due to the risk of injury to railroad workers is very high. Congress passed the law to safeguard family members and employees in the event they were injured while working. To be eligible for compensation under FELA the worker must prove that 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.
FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims which are usually capped based on the injuries sustained, FELA is able to seek compensation for non-economic losses that include emotional distress or loss of enjoyment living.
A distinction between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must show that the company was at the least partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their injuries could be reduced. For instance in the event that a worker was instructed to do something against company policy and they were injured in the process, the company could be held 50 percent responsible for their injuries.
Workers' compensation cases require shorter timeframes to make claims. In a FELA case, the statute of limitations is three years from date of your injury, however, in a workers' compensation case, the statute of limitations is 1 year. This is the reason it is essential to contact an experienced FELA lawyer as soon as you can after your injury.
FELA vs. State Law
When a railroad worker is injured on the job and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently the successful FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury to the worker.
The FELA, which was passed in 1908, was enacted to compensate railroad employees who have suffered injuries due to the nature of their job. Prior to the passage of this law, injury and death rates among railroad workers were very high. This led to the need to provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.
Similar to workers' compensation, the FELA claim provides the injured worker with lost wages, medical expenses and the cost of suffering. These damages are based on the notion that a railroad was liable for the injury or death because of its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the death or injury was caused in total or in part by the negligence of the railroad.
FELA cases have influenced tort law by establishing of precedents for issues such a railroad emotional distress, damages allocation and working conditions standards. Particularly, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may be staying for business reasons. A good railroad attorney can assist a railroad worker get the full benefits to which he or she is entitled under
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FELA Vs. State Workers' Compensation Laws
If a worker suffers an injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However they differ in important ways.
Unlike workers' comp 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 violated a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration 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.
FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, rather than the authority that oversees administrative workers compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be granted to an injured worker while workers compensation claims limit damages based on a pre-determined schedule.
It is essential to understand the distinction between these two statutes, especially for railroad employees who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you love has been injured on the job as a railroad employee, it is important to talk with experienced FELA lawyers.
Grossman Law Offices can help you learn more about the differences between the state laws governing workers' compensation and FELA. Contact us now to speak with a lawyer. We're here to help you obtain the maximum benefits under FELA. To locate a reputable 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 by phone or in person to discuss your case. Our attorneys work on a contingent basis, meaning that you will not be charged unless you succeed.
FELA against. State Workers' Compensation Statutes
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Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injury claims. Contrary to workers' compensation which is an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of 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) as well as death benefits along with pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering the actual losses of a worker.