Five Things You're Not Sure About About Federal Employers
Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured at work, they are faced with particular legal challenges. Unlike most workers insurance laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).
To win a FELA case railroad workers must demonstrate two things. First the injury must be caused by the negligence of their employer.
Workers' Compensation vs. FELA
Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However they differ in few ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of private and public jobs. FELA and workers' compensation also differ in regards to who decides fault and how damages are determined and where cases are handled.
FELA was passed because the risk of injury to railroad workers is very high. Congress passed the law to safeguard workers and their families in the event they were injured on the job. To receive compensation under FELA the worker must prove that the employer violated a federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including suffering and pain. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based upon the severity of injuries however, a FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.
The 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 the minimum partially responsible for the injury. If the injury suffered by a worker is determined to be their fault, their damages could be reduced. For instance in the event that the worker was told to do something against company policy and they were injured due to the incident the company could be held 50% responsible for their injuries.
Workers' compensation requires an earlier filing time for a claim than the FELA case. In the case of a FELA claim, the statute is three years from the date the injury occurred, but in a workers' compensation case, it is one year. This is why it is crucial to speak with an experienced FELA lawyer immediately following your injury.
FELA Vs. State Law
If a railroad worker gets injured while working the worker can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires evidence that the railroad was negligent and that negligence played a role in the injury to the worker.
The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad employee accident and death rates were high. This sparked the need to offer railroad workers a complete coverage, which is higher than workers' compensation law.
A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.
Like workers compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that a railroad was liable for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant 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 precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions requirements. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site locations like hotels that are private, where railroad workers may be able to stay when on business. A railroad attorney can help those who have been injured to receive the full benefits he or is entitled to under FELA.
FELA Vs. fela railroad settlements
If a worker sustains an 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 like financial compensation and medical coverage. However they differ in important ways.
In contrast to workers' compensation, which allows workers to file without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that caused their injuries. This includes laws like the Occupational Safety and Health Administration 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.
In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and be ruled on by a group of colleagues rather than the administrative authority that oversees workers compensation claims. FELA does not also limit the amount of compensation an injured worker may receive, whereas workers' compensation claims do.
It is crucial to understand the difference between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you know has been injured while working as a railroad worker, it is essential to speak with experienced FELA attorneys.
To know more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are prepared to help you maximize the benefits that are available under FELA. Click here to go to the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by phone or person to discuss your case. Our lawyers are on a contingent basis, meaning you will not be charged until we win.
FELA Vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was 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.
In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Workers compensation, on the contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disability that is often lower than what an individual loses.
The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their family members to file an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point to start your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require the use of a password.
This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. If you require further assistance, please consult an attorney.
Many people do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are the same, they are very different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the most effective representation. A skilled lawyer can assist the family of a railroad worker who has died or injured understanding the various kinds of damages available to them. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railroad worker injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.