The History Of Federal Employers
Workers Compensation Vs Federal Employers? Liability
If railroad workers suffer injuries on the job, they face unique legal challenges. Unlike most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).
To prevail in a FELA case railroad workers must establish two things. First, the injury must be caused by their employer's negligence.
Workers' Compensation vs. FELA
While workers compensation and FELA both seek to compensate employees for work-related injuries or illnesses However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded and the method by which and where cases are heard.
FELA was passed because the danger of injury for railroad workers is extremely high. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To receive compensation under FELA the worker must prove that their employer violated a federal law or regulation related to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.
In fela railroad settlements to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Contrary to a workers' comp claim, which is typically limited to a certain amount based on the severity of injuries and other injuries, the FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.
Another distinction between FELA and workers compensation is that to be eligible for compensation under FELA, the worker must show that the company was at least partly responsible for their injury. If a worker's injury is determined to be the fault of the company the damages they suffer could be reduced. If a worker gets hurt because they were told to do something against company policy and the company was held 50% accountable for the incident, then the company may be held to be 50% responsible.
Workers' compensation cases require a shorter timeline to make a claim. In a FELA claim, the statute of limitations is three years from when your injury occurred, whereas in a workers' compensation case, it's only one year. It is therefore important to consult an FELA lawyer who has experience as soon as you can after the injury.
FELA vs. State Law
If a worker on the railroad is injured while working the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker.
The FELA was passed in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Before the enactment this law, railroad worker accident and death rates were high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.
Like workers' compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with lost wages, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the injury or death because of its negligence or a violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused partially or in totality due to the negligence.
FELA cases improved tort law by establishing of precedents for issues like emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims specifically have drawn national attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its workers. This includes off-site places like hotels that private parties use where a railroad's workers might stay to work. A railroad attorney can help the railroad worker who has been injured receive the full amount of benefits is entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If an employee is injured on the job then he or she may file for workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, financial payments and loss of future earnings, they differ in important ways.
Contrary to workers' compensation, which allows employees claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder 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 group consisting of their peers, rather than the administrative authority overseeing 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 in accordance with a set schedule.
It is essential to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you know was injured on the job as a railroad worker, it is important to talk with experienced FELA attorneys.
To find out more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you pursue the maximum benefits under FELA. Click here to go to the National Division BLET's site to find a certified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay unless we are successful in settling your case.
FELA against. State Workers' Compensation Statutes
The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp, which pays an amount fixed, regardless of fault, FELA cases will be determined by juries based on 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) and death benefits as well as suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which usually is not enough to cover a worker's true losses.
The FELA law is applicable to railroads that are involved in global or interstate commerce. It allows injured employees and their families, to sue their employers for damages directly resulting from the negligence of the company. This LibGuide provides a starting point for research on this topic. The LibGuide contains links to online resources on the Villanova Law Library website. Some of these resources require a password to access.
This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be construed as legal advice. If you require more help you should consult an attorney.
Many people do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Many people believe that FELA is like the state laws governing workers' compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they receive the most effective representation. A qualified lawyer can assist the family of a railway worker who has died or the injured employee in understanding the various kinds of damages that they are entitled to. The injured person will be able to receive the maximum amount of compensation permitted by FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.