Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they suffer injuries on the job. Railroad employees, unlike most 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 need to demonstrate two things. First the injury must be caused by their employer's negligence.
Workers' Compensation vs. FELA
While workers' compensation and FELA both are designed to compensate employees for work-related injuries or illnesses however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide range of private and public jobs. FELA and workers' compensation are also different in regards to who decides the fault and how damages are determined and the manner in which cases are tried.
FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA, the worker must prove that their employer has violated any federal law or regulation that pertains to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to a workers' comp claim, which is typically restricted to a maximum amount based on injuries and other injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.
A difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must show that the company was at least partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their damages may be reduced. If a worker is injured because they were told to follow company policy, and the company is held 50% responsible for instance, the company could be held 50% responsible.
Workers' compensation cases require a shorter timeline to file an claim. In the case of a FELA claim, the statute of limitations is three years from when the injury occurred, but in a workers' compensation case, it's only one year. This is the reason it is essential to contact an experienced
FELA lawyer as soon as you can after your injury.
FELA in vs. State Law
If a railroad worker is injured while working, he or her may make a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker.
The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, the death and injury rates among railroad workers were quite high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws.
In general, a FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was responsible under the FELA.
FELA claims are similar to claims for workers' compensation in that they cover lost wages, medical expenses, and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death because of its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused partially or in totality due to the negligence.
FELA cases have influenced tort law through the creation of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. FELA claims, in particular have sparked national attention on the issue of an employer's obligation to provide a safe work environment for its employees. This includes off-site facilities such as private hotels where a railroad's workers might be staying for business purposes. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full amount of benefits she is eligible for under
fela accident attorney.
FELA Vs. State Workers' Compensation Laws
If workers are injured while on the job, he or she can apply for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, monetary payments, and future earnings loss, they differ in important ways.
Contrary to workers' compensation which allows employees to file a claim without proving that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that caused 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 harder to win a FELA claim than workers' compensation claims, since proof of negligence is required.
FELA allows injured railroad workers to have their cases ruled by a panel of their peers, rather than the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of damages an injured worker could receive, while workers' compensation claims do.
The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love was injured as a railroad employee it is crucial to consult with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're prepared to assist you pursue the maximum benefits available under FELA. Click here to visit the National Division BLET's website to find a certified 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 case by phone or in person. Our lawyers also operate on a contingency fee, which means you don't pay until we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers' compensation, which provides an amount that is fixed regardless of who is at fault 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, lost wages (including future earning potential) and death benefits along with pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability. This usually is not enough to cover the true costs of a worker.