Workers Compensation Vs Federal Employers? Liability
Railroad employees face unique legal issues when they suffer injuries on the job. In contrast to most workers insurance laws, railroad employees 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, they must prove that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However, they differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of public and private jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, damages are awarded, and the manner in which and where cases are heard.
FELA was enacted because the risk of injury to railroad workers is high. Congress passed the law to safeguard workers and their families in the event that they are injured while working. To be eligible for compensation under FELA the worker must prove that their employer has violated a federal statute 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 income and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including pain and suffering. In contrast to a workers' compensation claim, which is usually restricted to a maximum amount based on injuries however, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.
The difference between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the company was at the least partially responsible for the injury. If a worker is found to be at fault for their injury the amount of their damages could be reduced. For instance, if a worker was instructed to do something against company policy and they were injured due to the incident, the company could be held 50% responsible for their injuries.
Workers' compensation cases have shorter timeframes to submit an claim. In the case of a FELA claim, the statute of limitation is three years from the time your injury occurred, whereas in a workers' compensation case, it is one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as possible after your injury.
FELA in vs. State Law
If a railroad worker is injured while at work, he or her may pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that this negligence caused injuries to the worker.
The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation.
In general it is the case that a FELA claim is filed in federal court due to the fact that 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 was an employee of a railroad that his employer was responsible under the FELA.
FELA claims are similar to claims for workers compensation claims in that they provide lost wages, medical costs as well as pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or a violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the injury or death was caused in total or in part due to the negligence of the railroad.
FELA cases improved tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards. In particular, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site facilities like private hotels where railroad workers may be able to stay when on business. The right railroad attorney can help an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured while on the job and suffers an injury on the job, they can claim workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in important ways.
In contrast to workers' compensation, which allows employees apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration 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 considered by a group consisting of their peers, and not the administrative authority overseeing workers compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be granted to an injured worker, while workers' compensation claims limit damages in accordance with a set schedule.
It is important to know the difference between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They have to take their cases to FELA. If you or someone you know was injured while working as a railroad worker, it is crucial to speak with experienced FELA lawyers.
Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We are prepared to help you maximize the benefits under FELA. Click here to visit the National Division BLET's website to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our lawyers also work on a contingency basis that means you won't pay until we win your case.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. In contrast to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits as well as suffering and pain. Workers compensation, on the other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disability which is usually lower than what a worker has lost.
The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their families to file lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide offers a base for research on this topic. The LibGuide contains links to online resources on the Villanova Law Library website. Access to certain resources might require an account password.
fela lawsuit settlements is intended as a study supplement for Villanova law students. Nothing in this guide should be construed as legal advice. If you need more assistance seek advice from an attorney.
Many workers do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. While many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Injured railroad workers need to be aware of the differences between the two types of claims in order that they can get the best representation. In the case of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. The injured worker will be entitled to the maximum amount of compensation that is allowed by FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.