Workers Compensation Vs Federal Employers? Liability
Railroad employees face unique legal issues when they are injured at work. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.
To win a FELA case, railroad workers need to establish two things. First the injury must be caused by their employer's negligence.
FELA Vs. Workers' Compensation
Workers compensation and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However, they differ in a couple of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of private and public sector jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and how and when cases are heard.
The risk of injury is high for people working on railroads This is the reason FELA was enacted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of an accident on the job. To receive compensation under FELA the worker must prove that the employer violated any federal law or regulation related 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 pain and suffering, which are not covered by workers' compensation. In contrast to a workers' compensation claim, which is usually capped at an amount based upon the severity of injuries and other injuries, an FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment 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 is found to be responsible for their injuries the amount of injuries could be reduced. For instance, if an employee was directed to do something that was not in line with company policy and were injured due to the incident the company could be held 50 percent accountable for their injuries.
Workers' compensation cases have an earlier time frame to submit a claim. In the case of a FELA case, the statute of limitations is three years from the date of your injury while in a workers' compensation case, the statute of limitations is 1 year. It is therefore important to consult an FELA lawyer who has experience as soon as you can after the injury.
FELA Vs. State Law
If a railroad worker gets injured on the job and suffers an injury, they can file a claim under either workers compensation or the
Federal Employers Liability Act (FELA). Unlike workers' compensation statutes which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that the railroad was negligent and that the negligence contributed to causing the worker's injury.
The FELA, which was passed in 1908, was enacted to compensate railroad workers who are injured because of the nature of their work. Prior to the enactment of this law, railroad employee deaths and injuries were high. This led to the need for a comprehensive insurance that goes beyond the workers' compensation laws.
In general the majority of cases, an FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX was an employee of a railroad that his employer was responsible under the FELA.
Similar to workers' compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with compensation for lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the injury or death because of its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the death or injury was caused in total or in part by the negligence of the railroad.
FELA cases have influenced tort law through the establishment of precedents in areas such as a railroad emotional distress and damages allocation as well as working conditions standards. Particularly, FELA claims have brought
federal employers’ liability attention to the issue of an employer's duty not delegated to ensure that its employees are provided with a safe workplace. This includes off-site places like hotels that private parties use where railroad employees may be staying to work. The right railroad attorney can assist a railroad worker obtain the full benefits to which they are entitled to under FELA.
fela claims railroad employees vs. State Workers' Compensation Laws
If a worker sustains an injury while on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However, they are different in important ways.
Unlike workers' compensation, which allows employees to file a claim without proving their employer was to blame, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law which 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 decided by a group consisting of their peers, and not the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of compensation an injured worker could receive, whereas workers' compensation claims do.
The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you know has been injured on the job as a railroad worker, it is important to talk with a professional FELA attorneys.
To learn more about the differences 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 under FELA. Click here to visit the National Division BLET's website to find an experienced Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our attorneys are on a contingency basis, meaning that you will not be charged unless you succeed.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers compensation, which provide a fixed amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also covers medical expenses, lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.
The FELA law is applicable to railroads that are involved in interstate or global commerce.