Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face particular legal challenges. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).
To win a FELA claim, railroad workers must prove two things. The first is that the injury occurred as a result of their employer's negligence.
Workers' Compensation vs. FELA
While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation applies to a broad range of jobs within the private and public sectors. FELA and workers' compensation differ in regards to who decides the degree of fault and how damages are determined and the manner in which cases are tried.
The risk of injury is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed the law to protect family members and employees in the event that they are injured while on the job. In order to be compensated under FELA the worker must show their employer has violated a federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.
In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. Unlike workers' compensation claims that are typically limited based on the type of injury sustained, a FELA can seek compensation for non-economic losses like emotional stress or loss of enjoyment of living.
Another distinction between FELA and workers' compensation is that to get compensation under FELA the worker must show that the company was at least partly responsible for their injury. If a worker is found to be the cause of their injury, the amount of their damages could be reduced. If a worker gets hurt due to being told to do something against company policy, and the company was found to be 50% accountable for the incident, then the company may be held to be 50% responsible.
Workers' compensation has an earlier timeframe for filing an claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury.
FELA vs. State Law
If a railroad worker is injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus an effective FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for the injury of the worker.
The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This resulted in the need for a comprehensive insurance that went beyond the laws governing workers' compensation.
In general it is the case that an FELA claim is filed in federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for the FELA.
Like workers' compensation as well, like workers' compensation, a FELA claim is a way to provide the injured worker with lost wages and medical expenses as well as damages for pain and suffering. These damages are based on the fact that the railroad was accountable for the injury or death due to its negligence or a violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused in part or completely due to such negligence.
FELA cases have benefited tort law by creating precedents for issues like emotional distress in the railroad as well as damages distribution and working condition standards. FELA claims specifically have sparked national attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site facilities such as private hotels, where railroad employees can stay when traveling for business. A good railroad attorney can help an injured railroad worker get the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If a worker is injured on the job, injury on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However, they are different in important ways.
Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated a federal 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 more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required.
FELA allows railroad workers who are injured to have their cases ruled by a committee 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 can be awarded to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule.
The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured on the job as a railroad worker, it is essential to speak with experienced FELA lawyers.
To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you receive the best benefits from FELA. To find fela railroad accident lawyer Designated Legal Counsel (DLC) firm click here to be taken 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 available to discuss your situation by phone or in person. Our lawyers also operate on a contingency basis that means you won't pay unless we win your case.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers over injuries claims. Unlike workers' comp which is an amount fixed, regardless of the fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually is not enough to cover a worker's true losses.
The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their families to bring a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide offers a base to research this issue. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.
This LibGuide is intended as a study supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. You should consult with an attorney if you require assistance.
Many workers are unaware that FELA offers railroad workers specific protections. Though many people believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers injured in an accident should be aware of the distinctions between these two kinds of claims to get the best representation. In the case of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages that are available to their claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.