Its History Of Federal Employers
Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal hurdles when they are injured at work. 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 was the result of their employer's negligence.
FELA against. Workers' Compensation
While workers' compensation and FELA both are designed to compensate employees for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a broad range of jobs within the public and private sectors. FELA and workers' compensation are also different in regards to who decides the degree of fault and the way in which damages are awarded, and where and how cases are tried.
FELA was passed because the risk of injury to railroad workers is very high. fela lawyer passed the law to safeguard family members and employees in the event of being injured on the job. In order to be compensated under FELA the worker must show their employer violated any federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
FELA also provides compensation for suffering and pain, which are not covered by workers' compensation. Contrary to claims under workers' compensation that are typically restricted based on the injury sustained, a FELA can seek compensation for non-economic losses like emotional distress or loss of enjoyment living.
Another distinction between FELA and workers compensation is that in order to receive compensation under FELA the worker must show that the company was at least partially responsible for their injury. If a worker is found to be the cause of their injuries, the amount of their injuries could be reduced. If a worker is injured because they were told to follow company policy and the company is held 50% accountable for the incident, then the company could be held 50% responsible.
Workers' compensation is an earlier timeframe for filing a claim than a FELA case. In the case of a FELA case the statute of limitation is three years from date of your injury however, in the case of workers' compensation, the statute of limitations is one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as possible after your injury.
FELA vs. State Law
If a railroad employee is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused the worker's injuries.
The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This resulted in the need for a comprehensive insurance that goes beyond workers' compensation laws.
A FELA lawsuit must be filed in federal court because 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 was an employee of a railroad who claimed that his employer was liable under the FELA.
Like workers compensation as well, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages and medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was responsible for the injury or death because of its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or in totality due to the negligence.
FELA cases have improved tort law by setting precedent for issues such as railroad emotional distress, damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that its workers are protected in their workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may be staying to work. The right railroad attorney can assist a railroad worker receive the full amount of benefits to which they are entitled to under FELA.
FELA vs. State Workers' Compensation Laws
If a worker suffers an injury while on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, monetary payouts, and future earnings loss, they differ in important ways.
Contrary to workers' compensation which allows workers to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that led to their injuries. 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 has to be provided.
In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial, and get their case decided by a group of colleagues rather than the administrative authority that oversees workers compensation claims. FELA does not restrict the amount of damages an injured worker could be awarded, whereas workers' compensation claims do.
It is crucial to understand the distinction between these two statutes, especially for railroad employees who are not covered by state laws on workers' compensation. They have to pursue their cases under FELA. If you or someone you love has been injured while working as a railroad worker it is important to talk with experienced FELA lawyers.
To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you get the most benefits available under FELA. Click here to visit the National Division BLET's website to locate a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available via phone or person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay until we are successful in settling your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. Unlike workers compensation, which provide the same amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.
FELA also provides medical expenses, lost wages (including future earning potential), death benefits, along with pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker.
The FELA law is applicable to railroads involved in global or interstate commerce. It allows injured employees and their families, to sue their employer for damages directly caused by the company's negligence. This LibGuide provides a starting point for further research on this subject. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. Consult an attorney if you require additional assistance.
Many people do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are similar, they are very different. Injured railroad workers should be familiar with the distinctions between these two types of claims to obtain the best possible representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types 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 worker who was injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.