For Whom Is Federal Employers And Why You Should Be Concerned
Workers Compensation Vs Federal Employers? Liability
When railroad workers are injured on the job, they face unique legal issues. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.
To win a FELA claim railroad workers must demonstrate two things. First, that the injury occurred as a result of the negligence of their employer.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However they differ in couple of ways. In particular, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides fault, how damages are awarded and where cases are decided.
FELA was enacted because the danger of injury for railroad workers is very high. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. To be eligible for compensation under FELA the worker must prove that their employer violated a federal statute or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
FELA also offers compensation for suffering and pain, which are not covered by workers' comp. Contrary to a workers' comp claim, which is generally limited to a certain amount based upon the severity of injuries and other injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.
The difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker has to prove that the company was at the very least partially responsible for the injury. If a worker is determined to be at fault for their injury the amount of their damages could be reduced. For instance, if the worker was told to do something that was against company policy and they suffered injuries as a result the company could be held 50% responsible for their injuries.
Workers' compensation requires an earlier timeframe for filing a claim than a FELA case. In the case of a FELA claim, the statute of limitation is three years from the time your injury occurred, whereas in a workers' compensation case, it is one year. It is therefore crucial to contact an FELA lawyer experienced in the earliest time you can following your injury.
FELA Vs. State Law
If a railroad worker gets injured while working and suffers an injury, they can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused the worker's injuries.
The FELA law, which was enacted in 1908, is designed to provide compensation for railroad workers who are injured because of their job. Prior to the enactment of this law, death and injury rates among railroad employees were very high. This led to the need for comprehensive coverage that goes beyond workers' compensation laws.
In general, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible under the FELA.
Similar to workers' compensation as well, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury due to its negligence or violation of a safety statute such as 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 totality due to the negligence.
FELA cases have helped improve tort law by setting precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. FELA claims, in particular have sparked national attention to the issue of the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site locations like private hotels where railroad employees can be able to stay when on business. Railroad attorneys can help the railroad worker who has been injured to receive the full benefits he or she is eligible for under FELA.
FELA in opposition to. State Workers' Compensation Laws
If a worker is injured on the job, he or she can apply for workers' compensation benefits or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However, they are different in important ways.
Unlike workers' compensation, which allows workers to file without proving that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that led to their injuries. This includes laws such as the Occupational Safety and Health Administration 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 evidence of negligence must be provided.
In addition, FELA cases allow injured railroad workers to take their case to a jury trial and get their case decided by a panel of their peers rather than the administrative authority that oversees workers' compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be awarded 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 workers' compensation laws and must pursue their cases through FELA. If you or someone you love has been injured while working as a railroad worker it is crucial to speak with a professional FELA attorneys.
Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak to a lawyer. We're here to help you receive the best benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our attorneys work on a contingent basis, meaning that you will not be charged unless you win.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers over injuries claims. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits and suffering and pain. Workers' compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disability, which is often far less than what a worker has lost.
The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. It provides links to various online resources that are available on the Villanova Law Library's website. fela claims railroad employees to some of these resources may require a password.
This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney should you require assistance.
Many people are unaware that FELA provides railroad employees with specific protections. While many believe that FELA and state workers' compensation laws are similar but they are vastly different. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.