Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal issues. 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.
In order to prevail in a FELA claim railroad workers must be able to prove two things. First, they must prove that the injury occurred as a result of the negligence of their employer.
FELA Vs. Workers' Compensation
Workers compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However, they differ in a few ways. FELA only applies to railroad workers while workers' compensation applies to a variety of jobs in the private and public sectors. FELA and workers' compensation differ in terms of who determines the degree of fault, how damages are awarded and the manner in which cases are decided.
The risk of injury is a high risk for workers on the railroad, which is why FELA was passed in 1908. Congress passed the law to protect workers and their families in the event that they are injured on the job. To be eligible for compensation under FELA the worker must show the employer violated any federal law or regulation related to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. In contrast to claims for workers' compensation, which are generally limited based on the type of injury suffered, a FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment living.
Another difference between FELA and workers' compensation is that to receive compensation under FELA workers must prove that the employer was at least partially accountable for their injury. If an injury suffered by a worker is determined to be their fault, their damages could be reduced. If a worker is injured due to being told to violate company policy, and the company is held 50% accountable for instance, the company may be held 50% responsible.
Workers' compensation requires an earlier timeframe for filing a claim than the FELA case. In a FELA case the statute of limitation is three years from date of your injury, while in a workers' compensation case the statute of limitation is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury.
FELA in vs. State Law
If a railroad worker gets injured on the job and suffers an injury, they can submit a claim for compensation under workers compensation or the
Federal Employers Liability Act (
fela law firm). Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore an effective FELA claim requires proof that railroad negligence was at play and that the negligence was responsible for the injury of the worker.
The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were extremely high. This resulted in the need for a comprehensive insurance that goes beyond the laws governing workers' compensation.
In general, a FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA.
Like workers' compensation as well, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. These damages are based on the notion that a railroad is responsible for the injury or death because of its negligence or violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death, was caused in part or completely due to such negligence.
FELA cases have influenced tort law through the establishment of precedents for issues such a railroad emotional distress and damages allocation as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that their employees are safe in their workplace. This includes off-site locations like hotels that private parties use in which railroad workers may stay while traveling for business purposes. A good railroad attorney can assist a railroad worker obtain the full amount of benefits to which they are entitled to under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker suffers an injury while working, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, financial payouts and loss of future earnings but they differ in important ways.
Contrary 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 demonstrate that their employer has did not comply with 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. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence must be provided.
FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, not the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do.
The difference between the two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and must pursue their cases through FELA. If you or someone you know has been injured while working as a railroad worker, it is essential to speak with a professional FELA lawyers.
To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed 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 to discuss your case by phone or in person. Our lawyers also work on a contingency basis which means that you don't pay until we are successful in settling your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injury claims. Unlike workers' comp, which pays a fixed amount regardless of the cause, 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 provides medical expenses and lost wages (including future earning potential), death benefits, as well as pain and suffering.