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 workers have the right 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 the injury must have been caused by their employer's negligence.
Workers' Compensation vs. FELA
Workers comp and FELA are both designed to provide compensation to employees who are afflicted by work-related illnesses or injuries. However, they differ in a few ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a broad range of jobs within the private and public sectors. FELA and workers' compensation are also different in regards to who decides the fault and the way in which damages are awarded and where cases are decided.
The risk of injury is very high for those working on the railroad and that's why FELA was passed in 1908. Congress passed the law to safeguard the families of workers in the event of being injured on the job. In order to be compensated under FELA the worker must prove their employer has violated any 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.
FELA also offers compensation for suffering and pain that are not covered by workers' comp. In contrast to claims for workers' compensation that are typically restricted based on the injury sustained, FELA can seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment living.
Another difference between FELA and workers compensation is that in order to be eligible for compensation under FELA, the worker must prove that the employer was at a minimum partially responsible for their injuries. If the injury suffered by a worker is found to be their fault the damages they suffer could be reduced. For example when a worker was instructed to perform a task that was not in line with company policy and suffered injuries due to the incident the company could be held 50% accountable for their injuries.
Workers' compensation requires a faster timeline for filing an claim than the FELA case. In the case of a FELA claim, the statute is three years from the time your injury occurred, while in a workers' compensation case, it's one year. This is the reason it is essential to speak with an experienced FELA lawyer immediately following your injury.
FELA vs. State Law
If a railroad worker is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the injuries suffered by the worker.
The FELA law, which was enacted in 1908, is designed to provide compensation for railroad workers who have suffered injuries because of their work. Prior to the passage of this law, the death and injury rates among railroad employees were extremely high. This led to the need provide railroad employees with complete coverage, which is higher than workers' compensation laws.
In general the majority of cases, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA.
FELA claims are similar to workers compensation claims in that they provide the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was responsible for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the death or injury was caused in total or in part because of such negligence.
FELA cases have influenced tort law through the establishment of precedents for issues such a railroad emotional distress, damages allocation and working conditions standards. FELA claims specifically have drawn national attention to an employer's obligation to provide a safe work environment for its employees. This includes off-site places like hotels that private parties use where a railroad's workers might be staying for business reasons. A good railroad attorney can assist an injured railroad worker get the full benefits to which they are entitled to under FELA.
FELA Vs. State Workers' Compensation Laws
If a worker is injured on the job then he or she may claim workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as cash payouts and medical coverage. However fela railroad settlements differ in a number of important ways.
Unlike workers' comp, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.
FELA allows injured railroad workers to have their cases decided by a committee of their peers, and not the administrative authority responsible for deciding workers compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be awarded to an injured worker while workers compensation claims limit damages in accordance with a set schedule.
The distinction between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or a loved one was injured as an employee of a railroad it is crucial to consult with experienced FELA lawyers.
To find out more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to help you pursue the maximum benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency fee, which means you don't pay until we win your case.
FELA vs. State Workers' Compensation Statutes
The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injury claims. Unlike workers' compensation, which provides a fixed 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 covers medical expenses and lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers' compensation, on the other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability which is usually lower than what the worker is losing.
The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their family members to file a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point for further research on this subject. It provides links to various online resources that are available on the Villanova Law Library's 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 taken as legal advice. If you need more assistance, please consult an attorney.
Many workers 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 laws on workers' compensation are alike but they are vastly different. 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 passed away, or injured in understanding the various types of damages available to them. The injured person can receive the maximum amount of compensation allowed by FELA. If you're a railway worker injured on the job, consult an attorney from a firm that is Designated Legal Counsel.