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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with unique legal issues. In contrast to most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To win a FELA case, railroad workers need to establish two things. The first is that the injury occurred as a result of negligence by their employer. FELA Vs. Workers' Compensation 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. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs in the private and public sectors. FELA and workers' compensation are also different in regards to who decides fault and how damages are determined and where cases are tried. The risk of injury is very high for those working on railroads and that's why FELA was adopted in 1908. Congress passed the law to protect the families of workers in the event of being injured while working. To receive compensation under FELA the worker must prove that their employer violated the 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. Contrary to claims under workers' compensation, which are generally capped based on the injuries sustained, FELA can seek compensation for non-economic losses like emotional distress or loss of enjoyment living. The difference between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the company was at very least partially responsible for the injury. If a worker is determined to be the cause of their injury the amount of damages may be reduced. If a worker gets hurt due to being told to follow company policy, and the company was found to be 50% responsible for instance, the company may be held 50% responsible. Workers' compensation cases require a shorter timeline to file an claim. In a FELA case the statute of limitations is 3 years from the date of your injury while in the case of workers' compensation the statute of limitations is 1 year. It is therefore crucial to contact a FELA lawyer who has experience as soon as you can after the injury. FELA Vs. State Law If a railroad worker gets injured while working the worker can file a claim under 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. Therefore, a successful FELA claim requires proof that the railroad was negligent and that negligence was responsible for the injury to the worker. The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad employees were very high. This led to the need provide railroad workers with complete coverage, which is higher than the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was responsible under the FELA. FELA claims are similar to claims for workers compensation claims in that they cover the loss of wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused in part or in full by such negligence. FELA cases have helped improve tort law by setting precedent for issues such as railroad emotional distress, damages distribution and working conditions standards. FELA claims particularly, have brought federal attention to a non-delegable employer's duty to provide a safe work environment for its workers. This includes off-site locations like private hotels where railroad workers may be able to stay when on business. Railroad attorneys can help those who have suffered injuries to obtain the full benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, injury while working, they may file for workers' compensation or sue their employer under FELA. While fela accident attorney offer similar benefits, such as medical coverage, monetary payments and loss of future earnings, they differ in important ways. Unlike workers' compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee to prove that 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 must be proven. Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a panel of their peers rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA also does not limit the amount of compensation an injured worker can receive, whereas workers' compensation claims do. The distinction between the two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker it is important to talk with experienced FELA lawyers. To know more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to help you pursue the maximum benefits that are available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are able to discuss your case by phone or in person. Our lawyers are on a contingency basis, meaning you will not be charged until we prevail. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. Unlike workers' comp which provides an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with suffering and pain. In contrast, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which usually falls far short of covering a worker's true losses. The FELA law is applicable to railroads that are involved in international or global trade. It allows injured employees and their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good starting point for further research on this subject. It also provides links to a variety of online resources that are available on the Villanova Law Library's 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 you should consult an attorney. Many workers do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws but they're not. Railroad workers who have been injured must be aware of the differences between the two types of claims so they can receive the most effective representation. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that are available to their claim. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who was injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.