Workers Compensation Vs Federal Employers? Liability
Railroad employees face unique legal issues when they are injured while on the job. In contrast to most workers' compensation laws, railroad workers 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, that the injury was the result of their employer's negligence.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs in both the private and public sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, what damages are awarded and the method by which and when cases are heard.
The risk of being injured is very high for those working on railroads, which is why FELA was enacted in 1908. Congress passed the law to protect the families of workers in the event of being injured while on the job. In order to receive compensation under FELA the worker must prove that their employer violated a federal statute or regulation that relates 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. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based upon the severity of injuries however, a FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.
Another difference between FELA and workers' compensation is that to get compensation under FELA, the worker must show that the company was at a minimum partially responsible for their injury. If a worker's injury is determined to be attributable to them their damages can be reduced. If a worker is injured because they were told to follow company policy and the company is held 50% responsible, for example, then the company may be held to be 50% responsible.
Workers' compensation has a faster timeline for filing claims than the FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury while in a workers' compensation case the statute of limitations is 1 year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.
FELA in vs. State Law
If a railroad employee is injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which offer 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 the injuries suffered by the worker.
The FELA, which was passed in 1908, is designed to compensate railroad workers who have been injured 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 led to the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws.
A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA.
Like workers compensation as well, the FELA claim is a way to provide the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the death or injury was caused in total or in part because of the negligence.
FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions standards. FELA claims specifically, have brought federal attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site facilities like hotels that are private, where railroad employees can stay when traveling for business. Railroad
attorneys can help those who have been injured to receive the full benefits she is eligible for under FELA.
FELA Vs. State Workers' Compensation Laws
If an employee is injured while on the job then he or she may file for workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits like financial compensation and medical coverage. However, they are different in important ways.
Contrary to workers' compensation which allows employees to file without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws 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. It is more difficult to win a FELA case than workers' compensation claims due to the fact that the evidence of negligence has to be provided.
In addition, FELA cases allow injured railroad workers to take their case to a jury trial and be ruled on by a panel of their colleagues rather than the administrative authority that oversees workers compensation claims. Additionally, FELA does not put a cap on the amount of damages that may be given to injured workers while workers' compensation claims limit damage awards according to a pre-determined timetable.
It is important to know the distinction between these two statutes, especially for railroad workers who aren't covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad employee, it is crucial to speak with a professional FELA attorneys.
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 receive the best benefits available under FELA. Click here to visit the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in
FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency fee, which means you don't pay unless we win your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers compensation, which provide an amount that is fixed regardless of who is 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.
In addition to financial compensation,
fela law firm provides for medical expenses, lost earnings (including future earning capacity), death benefits, and suffering and pain. Workers compensation, on the contrary, provides only temporary medical care and a fixed amount of money to cover long-term disabilities which is usually lower than what the worker is losing.