Workers Compensation Vs
Federal Employers? Liability
If railroad workers suffer injuries at work, they are faced with unique legal challenges. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To prevail in a FELA claim, railroad workers must demonstrate two things. First, that the injury occurred as a result of the negligence of their employer.
FELA vs. Workers' Compensation
While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work, these two laws differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation also differ in terms of who determines the fault and the way in which damages are awarded, and where and how cases are tried.
The risk of injury is very high for those working on the railroad This is the reason FELA was passed in 1908. Congress passed this law to protect workers, their families and themselves in the event of an injury while working. To receive compensation under FELA the worker must show the employer violated the federal law 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, which are not covered by workers' comp. Unlike workers' compensation claims which are usually capped based on the injuries suffered, a FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment living.
Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA workers must prove that the company was at least partly responsible for their injuries. If a worker's injury is found to be their fault the damages they suffer could be reduced. For example when an employee was directed to do something not in line with company policy and were hurt in the process, the company could be held 50 percent responsible for their injuries.
Workers' compensation cases require a shorter timeline to file an claim. In a FELA claim, the statute is three years from the time your injury occurred, while in a workers' comp case, it is one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as you can after your injury.
FELA in vs. State Law
When a railroad worker is 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' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore the successful FELA claim requires proof that the railroad was negligent and that negligence contributed to the injury of the worker.
The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were very high. This led to the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.
FELA claims are similar to workers' compensation in that they compensate for lost wages, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or in violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the death or injury was caused in whole or in part due to such negligence.
FELA cases have helped improve tort law by establishing precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims specifically, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe working environment for its employees. This includes off-site locations such as private hotels, where railroad employees can stay while on business. A good railroad attorney can assist a railroad worker obtain the full benefits that 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 offer similar benefits like cash payouts and medical coverage. However, they are different in important ways.
In contrast to workers' compensation, which allows workers to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal safety law 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 a workers' compensation claim due to the fact that the evidence of negligence has to be provided.
In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of their peers rather than the administrative authority that oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do.
The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love has been injured by a railroad employee it is crucial that you speak with a knowledgeable FELA lawyers.
To find out 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 that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. 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 attorneys work on a contingent basis, meaning that you won't be charged unless we win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers over injuries claims. In contrast to workers compensation, which offers the same amount of benefits regardless of who is 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 and lost wages (including future earning potential) and death benefits as well as 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 true costs of a worker.