Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they are faced with unique legal challenges. In contrast to most workers insurance laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).
In order to prevail in a FELA claim railroad workers must be able to prove two things. The first is that the injury occurred as a result of their employer's negligence.
FELA vs. Workers' Compensation
While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of jobs in both the public and private sectors. FELA and workers' compensation also differ in the way they determine fault and how damages are determined and where cases are decided.
FELA was passed because the risk of injury for railroad workers is extremely high. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA, the worker must prove that their employer has violated the federal law or regulation that pertains to safety in the workplace. 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 that are not covered by workers' compensation. Unlike workers' compensation claims that are typically capped based on the injuries suffered, a FELA can seek compensation for non-economic losses like emotional stress or loss of enjoyment living.
The distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If a worker's injury is determined to be the fault of the company, their damages could be reduced. If a worker is injured because they were instructed to do something against company policy and the company was found to be 50% responsible, for example, then the company may be held at 50% accountable.
Workers' compensation cases have an earlier time frame to make an claim. In a FELA case, the statute of limitations is three years from the date of your injury however, in a workers' compensation case the statute of limitations is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury.
FELA in vs. State Law
If a worker on the railroad is injured while working the worker can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently, a successful FELA claim requires evidence that the railroad was negligent and that the negligence was responsible for the injury of the worker.
The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, railroad employee death and injury rates were high. This led to the need offer railroad workers a extensive coverage that is greater than workers' compensation law.
A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.
Like workers compensation, 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 notion that a railroad is responsible for the injury or death because of its negligence or a violation of a safety statute such as 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 full by such negligence.
FELA cases have benefited tort law by establishing precedent for issues such as emotional distress in the railroad and damages distribution as well as working conditions requirements. FELA claims particularly have drawn national attention to the issue of the obligation of a non-delegable employer to provide a safe work environment for its workers. This includes off-site facilities such as private hotels in which railroad workers may be staying to work. An experienced attorney for railroads can assist a railroad worker obtain the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If an employee is injured while on the job then he or she may file for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, such as medical coverage, monetary payouts and loss of future earnings but they differ in important ways.
In contrast to workers' compensation which allows employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the federal government that led to 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 a workers' compensation claim as the evidence of negligence must be proven.
FELA allows railroad workers who are injured to have their cases ruled by a group consisting of their peers, not the authority that oversees administrative workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of damages that may be given to injured workers and workers compensation claims limit damage awards based on a pre-determined schedule.
It is essential to understand the distinction between these two laws, especially for railroad employees who aren't covered by state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone you know was injured while working as a railroad employee, it is important to talk with experienced FELA lawyers.
Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We are ready to help you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are willing to discuss your situation by phone or in person. Our lawyers work on a contingent basis, which means that you won't be charged unless we win.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which offers an amount that is fixed regardless of who was responsible 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 provides medical expenses as well as lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical care and a set amount of money to cover long-term disabilities, which is often far lower than what a worker has lost.
The FELA law applies to railroads that participate in interstate or global commerce. It allows injured employees, as well as their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.
This LibGuide was designed to aid in the study of Villanova Law students. fela settlements contained in this guide should not be construed as legal advice. If you need more assistance you should consult an attorney.
Many people do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they can get the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages that are available to their claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you are a railroad employee who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.