Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they suffer injuries while on the job. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
To prevail in a FELA case railroad workers must establish two things. The first is that the injury was the result of negligence by their employer.
Workers' Compensation vs. FELA
While workers compensation and FELA both are designed to compensate employees for work-related injuries or illnesses, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and the method by which and when cases are heard.
FELA was passed because the risk of injury to railroad workers is very high. Congress passed the law to safeguard family members and employees in the event they were injured while working. In order to receive compensation under FELA the worker must prove that their employer violated any federal law or regulation that pertains to safety at work. 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 wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, FELA is able to seek compensation for non-economic losses like emotional distress or loss of enjoyment living.
Another distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must prove that the company was at least partially accountable for their injury. If a worker is found to be the cause of their injuries the amount of injuries could be reduced. If a worker gets hurt due to being told to do something against company policy, and the company was held 50% accountable, for example, then the company could be held to be 50% responsible.
Workers' compensation is an earlier filing time for a claim than the FELA case. In the case of a FELA case, the statute of limitations is three years from date of your injury however, in a workers' compensation case, the statute of limitations is 1 year. It is therefore important to contact a FELA lawyer who has experience as soon as you can following your injury.
FELA Vs. State Law
If a railroad employee gets injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. 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 was passed in 1908, and was designed to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the passage of this law, death and injury rates among railroad employees were very high. This led to the need for comprehensive coverage that went beyond the workers' compensation laws.
In general the majority of cases, the majority of FELA claim must be filed in a 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 employee who claimed his employer was liable for the FELA.
Similar to workers compensation as well, the FELA claim is a way to provide the injured worker with compensation for lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that a railroad was liable for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death, was caused in part or in totality due to the negligence.
FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site locations like hotels that are private, where railroad workers may stay while on business. An experienced attorney for railroads can assist a railroad worker get 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, like medical coverage, cash payments and loss of future earnings however, they differ in significant ways.
Unlike workers' comp which allows employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker 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 workers' compensation claims as the evidence of negligence must be provided.
FELA allows railroad workers injured by a crash to have their cases decided by a group consisting of their peers, rather than the administrative authority overseeing workers' compensation claims. FELA does not also limit the amount of damages an injured worker could receive, whereas workers' compensation claims do.
It is crucial to understand the distinction between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. They must take their cases to FELA. If you or someone you love was injured while working as a railroad employee, it is essential to speak with experienced FELA attorneys.
To learn more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you get the most benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our lawyers 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 allows railroad employees to sue their employers for injuries. Contrary to workers' compensation, which pays an amount that is fixed 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 covers medical expenses, lost wages (including future earning potential) and death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually falls far short of covering the actual losses of a worker.
The FELA law is applicable to railroads operating in interstate or international commerce, and allows
