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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. 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, that the injury occurred as a result of their employer's negligence. Workers' Compensation vs. FELA While workers compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work, 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 broad range of public and private jobs. FELA and workers' compensation differ in the way they determine fault and the way in which damages are awarded and the manner in which cases are handled. The risk of injury is very high for those working on the railroad, which is 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 receive compensation under FELA the worker must prove that their employer has violated any federal law or regulation that relates to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as pain and suffering. Unlike a workers' compensation claim, which is generally capped at an amount based on injuries, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life. Another difference between FELA and workers compensation is that in order to get compensation under FELA the worker must show that the company was at least partially responsible for their injuries. If the injury suffered by a worker is found to be their fault, their damages could be reduced. For instance when the worker was told to do something against company policy and they were injured as a result, the company could be held 50 percent responsible for their injuries. Workers' compensation has a faster timeline for filing an claim than a FELA case. In a FELA case the statute of limitation is three years from date of your injury, however, in a workers' compensation claim the statute of limitation is one year. It is therefore crucial to consult a FELA lawyer experienced in the earliest time you can following your injury. FELA in vs. State Law When a railroad worker is injured on the job and suffers an injury, they can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of fault, FELA is a statute of liability. Thus the successful FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury to the worker. The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were extremely high. This resulted in the need for a comprehensive coverage that goes beyond workers' compensation laws. In general, a FELA claim must be filed in federal court since 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 employee who claimed his employer was responsible for the FELA. FELA claims are similar to claims for workers' compensation in that they cover the loss of wages, medical expenses, and 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 a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the injury or death was caused in whole or in part because of the negligence. FELA cases have influenced tort law through the creation of precedents for issues such a railroad emotional distress, damages allocation and working conditions standards. FELA claims particularly have drawn national attention to the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site places such as private hotels, where railroad workers may stay when traveling for business. An experienced attorney for railroads can assist a railroad worker get the full benefits that they are entitled to under FELA. FELA Vs. State Workers' Compensation Laws If an employee is injured while on the job then he or she may apply for workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits such as medical coverage and monetary payouts. However they differ in a number of important ways. In contrast to workers' compensation which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with 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. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence must be presented. Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of their peers rather than the administrative authority that oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can receive, while workers' compensation claims do. It is essential to understand the distinction between these two statutes, especially for railroad workers who aren't covered under state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad worker, it is important to talk with a professional 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 ready to help you receive the best benefits from FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by phone or in person to discuss your case. fela law firm work on a contingent basis, meaning you will not be charged unless you succeed. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers over injury claims. In contrast to workers compensation, which provide a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses and lost wages (including future earning potential) and death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering the true costs of a worker. The FELA law applies to railroads that participate in interstate or global commerce. It permits injured employees, as well as their families, to sue their employers for damages directly caused by the company's negligence. This LibGuide provides a starting point for further research on this subject. The LibGuide provides links to online resources available on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. If you require more help, please consult an attorney. Many people are unaware that FELA offers railroad workers special protections. Many people believe that FELA is comparable to the state laws governing workers' compensation however they aren't. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away or injured in understanding the different types damages they can claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.