Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries on the job, they face unique legal issues. Contrary to the majority of 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 must demonstrate two things. First, the injury must be the result of the negligence of their employer.
Workers' Compensation vs. FELA
While workers compensation and FELA both seek to compensate employees for work-related injuries or illnesses However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of private and public jobs. FELA and workers' compensation differ in the way they determine the fault and how damages are determined and the manner in which cases are handled.
FELA was passed due to the danger of injury for railroad workers is very high. Congress passed this law to safeguard workers, their families and themselves in the event of an accident on the job. In order to be compensated under FELA the worker must prove their employer has violated any 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.
FELA also provides 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 the severity of injuries, a FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.
A difference between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must show that the company was at the least partially responsible for the injury. If an injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. If a worker gets hurt because they were instructed to violate company policy and the company was found to be 50% accountable, for example, then the company may be held 50% responsible.
Workers' compensation cases have an earlier time frame to submit a claim. In a FELA claim, the statute of limitation is three years from the time your injury occurred, whereas in a workers' compensation case, it is one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.
FELA Vs. State Law
If a railroad worker gets injured while working the worker can submit a claim for compensation under workers compensation or the
Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was at fault 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 the injuries suffered by the worker.
The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were very high. This led to the need provide railroad workers with complete coverage, which is higher than workers' compensation laws.
A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.
Like workers' compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death due to its negligence or in violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death was caused partially or in totality due to the negligence.
FELA cases have helped improve tort law by setting precedents for issues like emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims specifically, have brought federal attention to the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site locations like private hotels where railroad employees can stay while on business. An experienced attorney for railroads can assist an injured railroad worker obtain the full benefits that they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker suffers an injury on the job, they may file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payouts, and future earnings loss, they differ in important ways.
Contrary to workers' compensation which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to 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 more difficult to win a FELA claim than workers' compensation claims, as evidence of negligence is required.
FELA allows injured railroad workers to have their cases considered by a committee of their peers, rather than the administrative authority responsible for deciding workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be granted to an injured worker and workers' compensation claims limit damages according to a pre-determined timetable.
It is essential to understand the difference between these two statutes, particularly for railroad workers who are not covered by state laws on workers' compensation. They must pursue their cases under
fela case settlements. If you or someone you love was injured as an employee of a railroad, it is important that you speak with experienced FELA lawyers.
To learn more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're here to help you obtain the maximum benefits available under FELA. To find a qualified 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 person to discuss your case. Our attorneys also operate on a contingency fee 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 employers for injuries. In contrast to workers compensation, which provide an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses as well as lost wages (including future earning potential) and death benefits along with pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability. This usually does not cover the true costs of a worker.