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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. 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 prevail in a FELA case, railroad workers need to demonstrate two things. First, that the injury occurred as a result of the negligence of their employer. FELA against. Workers' Compensation Workers comp and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However they differ in a couple of ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, and how much damages are awarded, and the manner in which and when cases are heard. The risk of being injured is high for people working on railroads This is the reason FELA was adopted in 1908. Congress passed the law to protect the families of workers in the event that they are injured while on the job. In order to receive compensation under FELA, the worker must demonstrate that their employer violated any federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Contrary to claims under workers' compensation that are typically limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment living. The distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If a worker is found to be responsible for their injury, the amount of their injuries could be reduced. For instance in the event that a worker was instructed to do something that was in violation of company policy and suffered injuries due to the incident, the company could be held 50% accountable for their injuries. Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA case the statute of limitations is three years from the date of your injury, when in a workers' compensation case the statute of limitations is one year. This is why it is important to consult a seasoned FELA lawyer as soon as possible after your injury. FELA Vs. State Law If a railroad employee is injured at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury of the worker. The FELA was passed 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 passing of this law, death and injury rates among railroad employees were quite high. This resulted in the need for comprehensive coverage that goes beyond the workers' compensation laws. In general, an FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA. Similar to workers compensation as well, like workers' compensation, a FELA claim provides the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based upon the fact that the railroad was responsible for the death or injury due to its negligence or a violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must prove that the death or injury was caused in total or in part by the negligence. FELA cases have improved tort law by establishing of precedents for issues like a railroad emotional distress and damages allocation as well as working conditions standards. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that its workers are safe in their workplace. This includes off-site places like private hotels where railroad workers may stay while on business. Railroad attorneys can help the railroad worker who has been injured receive the full amount of 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. Both laws offer similar benefits like medical coverage and monetary payouts. However, they are different in important ways. In contrast to workers' compensation which permits employees to file without proving 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 and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because evidence of negligence must be presented. FELA allows injured railroad workers to have their cases considered by a panel of their peers, and not the administrative authority responsible for deciding workers compensation claims. In addition, FELA does not put any limit on the amount of damages that may be granted to an injured worker, while workers compensation claims limit damages based on a pre-determined schedule. The difference between these two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured while working as a railroad worker, it is crucial to speak with experienced FELA attorneys. Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak with an attorney. We're ready to assist you get the most benefits from FELA. To find a reputable 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. fela lawsuit settlements provide free consultations and are able to discuss your case over the telephone or in person. Our attorneys also work on a contingency basis, which means you don't pay until we are successful in settling your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers in injuries claims. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits and pain and suffering. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover a worker's true losses. The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their family members to file lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide is a great place to start your research. It includes links to various online resources available on the Villanova Law Library's website. Access to certain resources might require an account password. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. If you require further assistance seek advice from an attorney. Many workers are unaware that FELA offers railroad workers specialized protections. Many people mistakenly believe that FELA is comparable to state workers' compensation laws, but they are not. Railroad workers who have been injured must be aware of the differences between the two types of claims so 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 different types damages they can claim. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you're a railroad worker injured while on the job, consult a firm of Designated Legal Counsel.