Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they suffer injuries while on the job. Unlike most 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 claim, railroad workers must demonstrate two things. First, that the injury occurred as a result of their employer's negligence.
FELA against. Workers' Compensation
Workers compensation and FELA are both designed to compensate employees who are afflicted by work-related injuries or illnesses. However they differ in few ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of private and public sector jobs. FELA and workers' compensation also differ in regards to who decides fault and the way in which damages are awarded, and where and how cases are decided.
The risk of injury is very high for those working on the railroad and that's why FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event of being injured while working. To receive compensation under
fela lawsuit settlements the worker must show their employer has violated a federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. Contrary to a workers' comp claim, which is usually limited to a certain amount based on injuries and other injuries, a FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.
The main distinction between FELA compensation and workers compensation is 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, their damages could be reduced. For instance when a worker was instructed to do something that was in violation of company policy and were hurt due to the incident the company could be held 50% accountable for their injuries.
Workers' compensation is an earlier filing time for an claim than a FELA case. In the case of a FELA case the statute of limitation is three years from the date of your injury however, in a workers' compensation case the statute of limitation is one year. This is why it is important to speak with an experienced FELA lawyer immediately following your injury.
FELA in vs. State Law
When a railroad worker is injured on the job and suffers an injury, they can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in injuries to the worker.
The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, railroad worker accident and death rates were high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds the workers' compensation laws.
A FELA lawsuit must be filed in
federal railroad courts since the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.
Similar to workers' compensation, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages, medical expenses and the cost of suffering. The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or a violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must show that the death or injury was a result of the whole or in part by such negligence.
FELA cases have improved tort law by establishing of precedents in areas such as emotional distress in the railroad and damages allocation, as well as working conditions standards. In particular, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that their employees are provided with a safe workplace. This includes off-site places like hotels that private parties use where a railroad's workers might stay for business purposes. A good railroad attorney can help an injured railroad worker receive the full benefits that they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If an employee is injured while on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, monetary payouts and loss of future earnings but they differ in important ways.
In contrast to workers' compensation which permits employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that caused their injury. 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 since proof of negligence is required.
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, not the authority in charge of administrative matters that manage workers compensation claims. FELA also does not limit the amount of damages an injured worker can receive, whereas workers' compensation claims do.
It is crucial to understand the difference between these two statutes, particularly for railroad employees who are not covered by state workers' compensation laws. They must take their cases to FELA. If you or a loved one has been injured as an employee of a railroad, it is important to consult with a professional 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 are prepared to help you get the most benefits that are available under FELA. Click here to visit the National Division BLET's site to find an experienced 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 situation by phone or in person. Our attorneys work on a contingent basis, which means that you will not be charged until we prevail.
FELA vs. State Workers' Compensation Statutes
The
Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injuries claims. Contrary to workers compensation, which provide an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.