Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries on the job, they face unique legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must prove two things. First, the injury must be caused by their employer's negligence.
FELA against. Workers' Compensation
While workers' compensation and FELA both are designed to compensate employees for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a broad range of jobs within the private and public sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded and how and where the cases are decided.
The risk of being injured is very high for those working on railroads This is the reason FELA was enacted in 1908. Congress passed the law to protect the families of workers in the event they were injured while on the job. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation relating to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
FELA also offers compensation for suffering and pain that are not covered by workers' compensation. In contrast to a workers' compensation claim, which is typically capped at an amount based on injuries, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.
Another difference between FELA and workers' compensation is that to get compensation under FELA, the worker must prove that the company was at least partly responsible for their injuries. If a worker's injury is determined to be attributable to them, their damages could be reduced. If a worker is injured because they were told to do something against company policy, and the company is held 50% responsible, for example, then the company may be held 50% responsible.
Workers' compensation cases have a shorter timeline to make an claim. In the case of a FELA claim, the statute is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. Therefore, it is important to contact a FELA lawyer experienced in the earliest time you can following your injury.
FELA vs. State Law
When a railroad worker is injured while working the worker can submit a claim for compensation under either 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 will require evidence that the railroad was negligent and that this negligence caused the worker's injuries.
The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Before the enactment this law, railroad worker death and injury rates were high. This resulted in the need for a comprehensive insurance that went beyond workers' compensation laws.
A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. FELA claims can be filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA.
Like workers compensation, a FELA claim is a way to provide the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that the railroad was accountable for the injury or death because of its negligence or in violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the injury or death was caused in total or in part due to such negligence.
FELA cases have improved tort law by establishing precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions requirements. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are provided with a safe workplace. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may stay while traveling for business reasons. An experienced attorney for railroads can assist a railroad worker obtain the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured while on the job, he or she can file for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, cash payments and loss of future earnings, they differ in important ways.
In contrast to workers' compensation, which allows employees claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer 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 claims railroad employees case than a workers' compensation claim as evidence of negligence must be presented.
In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a panel of their colleagues rather than the administrative authority that oversees workers' compensation claims. FELA does not restrict the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.
It is important to know the distinction between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They must take their cases to FELA. If you or someone you love was injured as a railroad employee, it is important to consult with a professional FELA lawyers.
To know more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're here to help you get the most benefits from FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken 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 by phone or in person to discuss your case. Our lawyers also operate on a contingency basis 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 provides an amount fixed, regardless of fault, FELA cases will be determined by juries based on the concept 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), death benefits, as well as suffering and pain. In contrast, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which often is not enough to cover the true costs of a worker.
The FELA law is applicable to railroads that are involved in global or interstate commerce.