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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they are faced with unique legal challenges. Railroad employees, unlike many workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act. To win a FELA claim, railroad workers must demonstrate two things. First the injury must be proven to be the result of their employer's negligence. Workers' Compensation vs. FELA While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work However, these two laws differ in a variety of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation are also different in the way they determine the degree of fault and how damages are determined, and where and how cases are handled. The risk of injury is high for people working on railroads, which is why FELA was adopted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must show their employer violated a federal law or regulation that relates to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including suffering and pain. Contrary to claims under workers' compensation that are typically capped based on the injuries suffered, a FELA can seek compensation for noneconomic damages that include emotional distress or loss of enjoyment living. Another distinction between FELA and workers' compensation is that to receive compensation under FELA workers must prove that the company was at least partly responsible for their injury. If a worker is determined to be responsible for their injuries, the amount of their injuries could be reduced. For example in the event that an employee was directed to perform a task that was against company policy and they were injured as a result, the company could be held 50% responsible for their injuries. Workers' compensation requires a faster timeline for filing claims than the FELA case. In the case of a FELA case the statute of limitation is three years from date of your injury, while in a workers' compensation case the statute of limitations is one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as possible after your injury. FELA Vs. State Law When a railroad worker is injured on the job the worker can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes which offer benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent and that this negligence caused injuries to the worker. The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, railroad worker accident and death rates were high. This led to the need for a comprehensive insurance that goes beyond the laws governing workers' compensation. In general, an FELA claim must be filed in federal court because the FELA is a federal law. 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 provide lost wages, medical costs, and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or violation of a safety statute, like the Locomotive Inspection Act or 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 have influenced tort law through the establishment of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims specifically have drawn national attention to an employer's obligation to provide a safe work environment for its workers. This includes off-site locations such as private hotels in which railroad workers may stay for business purposes. Railroad attorneys can help the railroad worker who has been injured to receive the full amount of benefits is entitled to under FELA. fela lawyers . State Workers' Compensation Laws If a worker is injured on the job then he or she may claim workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payments and loss of future earnings however, they differ in significant ways. In contrast to workers' compensation which allows employees to claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety rule of the federal government that caused their injury. 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, because the evidence of negligence has to be provided. FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, rather than the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be given to injured workers and workers' compensation claims limit damage awards according to a pre-determined timetable. The distinction between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured on the job as a railroad employee, it is essential to speak with a professional FELA attorneys. To find out more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to help you get the most benefits available under FELA. To find a qualified 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 provide free consultations and are willing to discuss your situation by telephone or in person. Our lawyers also work on a contingency basis, which means you don't pay until we succeed in your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses as well as lost wages (including future earning potential), death benefits, along with pain and suffering. Workers compensation, on contrary, provides only temporary medical care and a fixed amount of money to cover long-term disability, which is often far lower than what an individual loses. The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to bring lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a great place to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require an account password. This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. If you require further assistance you should consult an attorney. Many people do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. While many believe that FELA and state workers' compensation laws are the same, they are very different. Injured railroad workers should be familiar with the distinctions between these two kinds of claims to obtain the best possible representation. A skilled lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the different types damages that they are entitled to. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.