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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured on the job, they face particular legal challenges. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under 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 caused by their employer's negligence. FELA vs. Workers' Compensation Workers' compensation and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in a couple of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a wide range of public and private jobs. FELA and workers' compensation also differ in regards to who decides the fault and the way in which damages are awarded and where cases are tried. The risk of being injured is a high risk for workers on the railroad and that's why FELA was passed in 1908. Congress passed this law to protect workers, their families and themselves in the event of an injury while working. In order to be compensated under FELA the worker must show their employer violated a federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. In contrast to a workers' compensation claim, which is typically limited to a certain amount based on injuries and other injuries, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life. 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 employer was at very least partially responsible for the injury. If a worker's injury is found to be their fault, their damages could be reduced. If a worker is injured due to being told to do something against company policy, and the company was held 50% accountable, for example, then the company could be held 50% responsible. Workers' compensation cases have an earlier time frame to make a claim. In a FELA claim, the statute of limitation is three years from the date your injury occurred, while in a workers' compensation case, it's only one year. It is therefore crucial to speak with an FELA lawyer who has experience as soon as you can after your injury. FELA in vs. State Law If a worker on the railroad is injured while working, he or she may file a claim under workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that this negligence caused injuries to the worker. The FELA was passed in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were very high. This resulted in the need for comprehensive coverage that goes beyond workers' compensation laws. In general, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state court. For instance an upcoming case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA. FELA claims are similar to workers compensation claims in that they provide lost wages, medical costs, and pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death due to its negligence or a violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the injury or death was caused in whole or in part by the negligence. FELA cases have helped improve tort law by creating precedent for issues such as emotional distress in the railroad as well as damages distribution and working condition standards. FELA claims, in particular have sparked national attention to the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site facilities like private hotels where railroad employees can be able to stay when on business. A good railroad attorney can assist an injured railroad worker get the full benefits that they are entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, injury while working or at work, they may seek workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, financial payments, and future earnings loss however, they differ in significant ways. Contrary to workers' compensation, 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 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 as well as 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 railroad workers who are injured to have their cases ruled by a committee of their peers, and not the administrative authority overseeing workers compensation claims. FELA does not restrict the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do. The difference between the two statutes is crucial to be aware of, 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 know was injured on the job as a railroad worker, it is essential to speak with a professional FELA lawyers. Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak to a lawyer. We are prepared to help you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our attorneys also work on a contingency basis, which means you don't pay until we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which provide an amount that is fixed regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses as well as lost wages (including future earning potential) as well as death benefits along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering a worker's true losses. The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their families to file a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require a password. This LibGuide is intended as an educational supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. If you require further 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. Though many people believe that FELA and state workers' compensation laws are alike but they are vastly different. Railroad workers who have been injured should be aware of the distinctions between these two types of claims in order to get the best representation. fela case settlements with experience can help the family of a railway worker who has died or the injured employee in understanding the different types damages available to them. The person who has been injured will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.