Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must demonstrate two things. First, that the injury occurred as a result of their employer's negligence.
FELA Vs. Workers' Compensation
While workers compensation and FELA both seek to compensate workers for illnesses or injuries that occur during work however, the 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 in both the public and private sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and where cases are heard.
The risk of being injured is a high risk for workers on railroads, which is why FELA was adopted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of injury while working. To receive compensation under FELA the worker must prove that their employer violated any federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
FELA also offers compensation for suffering and pain, which are not covered by workers' compensation. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based on injuries however, an FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.
Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA workers must prove that the company was at least partially responsible for their injuries. If an injury suffered by a worker is found to be the fault of the company their damages can be reduced. If a worker gets hurt because they were told to do something against company policy, and the company is held 50% responsible, for example, then the company could be held 50% responsible.
Workers' compensation cases require a shorter timeline to submit an claim. In the case of a FELA case the statute of limitations is 3 years from the date of your injury, while in the case of workers' compensation the statute of limitations is one year. This is why it is important to consult a seasoned FELA lawyer as soon as possible after your injury.
FELA Vs. State Law
If a railroad employee is injured at work and is injured, they can make a claim under the
Federal Employers Liability Act or workers' compensation. In contrast to workers' compensation statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently, a successful 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 provide compensation for railroad workers who have suffered injuries because of their work. Prior to the passing of this law, death and injury rates among railroad employees were extremely high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.
In general the majority of cases, the majority of FELA claim must be filed in a federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.
FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the
Federal Employers’ Liability Act Safety Appliance Act. Additionally the FELA plaintiff must prove that the injury or death was a result of the whole or in part due to such negligence.
FELA cases improved tort law by establishing of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. FELA claims specifically, have brought federal attention to a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site locations like hotels that are private, which railroad employees may stay while on business. A good railroad attorney can assist an injured railroad worker get the full benefits that he or she is entitled under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured on the job, injury while working, they may file for workers compensation or sue their employer under FELA. Both laws provide similar benefits such as financial compensation and medical coverage. However, they are different in a number of important ways.
Unlike workers' comp, which allows employees file without proving that their employer was responsible 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 led to 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 more difficult to win a FELA claim than workers' compensation claims since proof of negligence is required.
Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of peers rather than the administrative authority who oversees workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker while workers' compensation claims limit damages in accordance with a set schedule.
It is essential to understand the difference between these two statutes, particularly for railroad employees who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you know has been injured while working as a railroad worker it is essential to speak with experienced FELA attorneys.
To learn more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to help you get the most benefits available under 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 willing to discuss your situation by phone or in person. Our attorneys also work on a contingency basis, which means 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. Unlike workers' compensation, which provides the same amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on 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 as well as suffering and pain.