Could Federal Employers Be The Key For 2023's Challenges?
Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they face unique legal issues. Unlike 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. First, they must prove that the injury was the result of negligence by their employer.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and how and where cases are heard.
FELA was passed because the danger of injury for railroad workers is extremely high. Congress passed the law to protect family members and employees in the event they were injured while working. In order to receive compensation under FELA, the worker must prove that their employer has violated a federal statute or regulation relating to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.
FELA also offers compensation for suffering and pain, which are not covered by workers' compensation. Unlike workers' compensation claims, which are generally restricted based on the injury suffered, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment of living.
The main distinction between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If a worker is found to be the cause of their injury the amount of their damages could be reduced. For instance in the event that an employee was directed to do something in violation of company policy and suffered injuries due to the incident, 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 case the statute of limitations is three years from the date of your injury, while in a workers' compensation case the statute of limitation is 1 year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can after the injury.
FELA vs. State Law
If a railroad employee gets injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Thus the successful FELA claim requires evidence that the railroad was negligent and that the negligence played a role in causing the worker's injury.
The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This sparked the need to offer railroad workers a extensive coverage that is greater than the workers' compensation laws.
In general it is the case that a FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. fela attorneys was an employee of a railroad that his employer was liable under the FELA.
Similar to workers compensation, like workers' compensation, a FELA claim is a way to provide the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based on the fact that the railroad was responsible for the injury or death due to its negligence or violation 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 partially or in totality due to the negligence.
FELA cases have improved tort law by establishing of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its employees are protected in their workplace. This includes off-site places like hotels that private parties use in which railroad workers may stay for business reasons. The right railroad attorney can help an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured while on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits such as medical coverage and monetary payouts. However they differ in important ways.
Contrary to workers' compensation which allows workers to file without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration, 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 injured railroad workers to have their cases considered by a committee of their peers, rather than the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be given to injured workers and workers' compensation claims limit damages based on a pre-determined schedule.
The difference between the two statutes is crucial to know, particularly for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured on the job as a railroad worker it is essential to speak with experienced FELA lawyers.
Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to help you maximize the benefits under FELA. Click here to go to the National Division BLET's website to locate a certified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case over the telephone or in person. Our lawyers are on a contingency basis, which means that you will not be charged until we prevail.
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 provides an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses, lost wages (including future earning potential) and death benefits along with pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability. This usually does not cover the actual losses of a worker.
The FELA law applies to railroads that are involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages resulting directly from the company's negligence. This LibGuide is a good place to start your research. It provides links to various online resources on the Villanova Law Library's website. Access to certain resources may require a password.
This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to be taken as legal advice. Please consult an attorney if you require assistance.
Many people do not realize that FELA is a distinct piece of legislation that grants special protections to railroad workers. While many believe that FELA and state laws on workers' compensation are the same, they are very different. Railroad workers who have been injured should be familiar with the differences between these two types of claims to get the best representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages available for their claim. The person who has been injured will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.