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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they suffer injuries at work. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. In order to prevail in a FELA claim railroad workers must be able to prove two things. First the injury must be proven to be caused by their employer's negligence. FELA Vs. Workers' Compensation Workers' compensation and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However they differ in couple of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and when cases are heard. The risk of being injured is a high risk for workers on railroads and that's why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of an injury on the job. In order to be compensated under FELA, the worker must prove that their employer has violated the federal law or regulation relating 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 the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. In contrast to a workers' compensation claim, which is usually limited to a certain amount based upon the severity of injuries, an FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life. A difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If fela lawsuits suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. If a worker is injured because they were instructed to follow company policy, and the company is held 50% accountable for the incident, then the company may be held to be 50% responsible. Workers' compensation cases have shorter timeframes to make an claim. In a FELA claim, the statute is three years from when the injury occurred, but in a workers' compensation case, it's only one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury. FELA Vs. State Law If a railroad employee gets injured at work the employee can make a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that this negligence caused injuries to 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. Prior to the enactment of this law, the death and injury rates among railroad workers were very high. This led to the need provide railroad workers with complete coverage, which is higher than workers' compensation laws. A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state court. For example the case that was recently heard in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was liable 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. Additionally the FELA claimant must show that the death or injury was caused in total or in part due to the negligence of the railroad. FELA cases have improved tort law through the establishment of precedents for issues such emotional distress on the railroad, damages allocation 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 employees are provided with a safe workplace. This includes off-site places such as private hotels where railroad employees may stay to work. An experienced attorney for railroads can help an injured railroad worker receive the full benefits that he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If an employee is injured while working and suffers an injury on the job, they can claim workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits like financial compensation and medical coverage. However, they are different in a number of important ways. In contrast to workers' compensation, which allows employees to file a claim without proving their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law 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. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required. FELA allows railroad workers injured by a crash to have their cases decided by a committee of their peers, and not the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of damages that can be granted to an injured worker while workers compensation claims limit damage awards in accordance with a set schedule. It is important to know the difference between these two statutes, especially for railroad employees who aren't covered under state workers' compensation laws. They are required to take their cases to FELA. If you or someone you love was injured as a railroad employee it is essential to consult with a knowledgeable FELA lawyers. To learn more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We are ready to help you receive the best benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your case over the phone or in person. Our attorneys also operate on a contingency fee, which means you don't pay unless we win your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers in injuries claims. Contrary to workers' compensation which provides an amount fixed, regardless of the fault, FELA cases will be decided by juries based upon 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), death benefits, as well as pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability. This usually falls far short of covering a worker's true losses. The FELA law applies to railroads that are involved in interstate or global commerce. It permits injured employees and their families to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a good place to begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to be construed as legal advice. If you need more assistance 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 similar to state workers' compensation laws however they aren't. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they receive the most effective representation. A skilled lawyer can assist the family of a railroad worker who has died or the injured employee in understanding the various types of damages that they are entitled to. The person who has been injured will be able to receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.