Workers Compensation Vs Federal Employers? fela accident attorney
If railroad workers suffer injuries at work, they are faced with unique legal issues. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.
To prevail in a FELA case railroad workers must prove two things. First, the injury must be caused by their employer's negligence.
Workers' Compensation vs. FELA
Workers compensation and FELA are both designed to pay employees who suffer work-related injuries or illnesses. However, they differ in a couple of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a broad range of jobs in the public and private sectors. FELA and workers' compensation are also different in regards to who decides fault, how damages are awarded, and where and how cases are tried.
The risk of injury is a high risk for workers on railroads This is the reason FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of accident on the job. In order to be compensated under FELA workers must demonstrate that their employer violated the federal law or regulation that relates to safety in the workplace. 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 wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is usually restricted to a maximum amount based upon the severity of injuries however, the FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life.
Another difference between FELA and workers' compensation is that to get compensation under FELA workers must show that the company was at least partly responsible for their injuries. If the injury suffered by a worker is determined to be their fault their damages can be reduced. If a worker is injured because they were told to violate company policy and the company was held 50% responsible, for example, then the company may be held to be 50% responsible.
Workers' compensation cases require a shorter timeline to submit claims. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it is one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury.
FELA in vs. State Law
If a railroad worker gets injured while working, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Thus an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for causing the worker's injury.
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. Before the enactment this law, railroad worker accident and death rates were high. This led to the need for comprehensive coverage that went beyond workers' compensation laws.
In general, an FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA.
FELA claims are similar to workers compensation claims in that they cover lost wages, medical costs and pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused in part or in full by such negligence.
FELA cases have influenced tort law through the establishment of precedents for issues like emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims specifically, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site facilities like hotels that are private, where railroad employees can be able to stay when on business. Railroad attorneys can help the railroad worker who has been injured receive the full benefits is entitled to 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 such as cash payouts and medical coverage. However they differ in important ways.
Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law of the federal government that caused 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 presented.
FELA allows railroad workers injured by a crash to have their cases decided by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that may be granted to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule.
The distinction between the two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker it is important to talk with experienced FELA attorneys.
To know more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you maximize the benefits that are available under FELA. Click here to visit the National Division BLET's website to locate a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are able to discuss your situation by phone or in person. Our lawyers also work on a contingency basis that means you won't pay unless we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation which is an amount that is fixed regardless of the fault, FELA cases will be determined by juries based on 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 as well as pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering a worker's true losses.
The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require a password.
This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to constitute legal advice. If you require further assistance you should consult an attorney.
Many people are unaware that FELA provides railroad employees with special protections. Many people mistakenly believe that FELA is comparable to state workers' compensation laws but they're not. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation. A skilled lawyer can assist the family members of a railroad worker who has passed away, or injured understanding the different types damages they can claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.