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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face particular legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To prevail in a FELA case, railroad workers need to demonstrate two things. First, the injury must have been caused by the negligence of their employer. Workers' Compensation vs. FELA Workers comp and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However they differ in few ways. FELA only applies to railroad workers while workers' compensation is applicable to a broad range of jobs in the private and public sectors. FELA differs from workers' compensation in that it is decided by the person who caused the accident, and how much damages are awarded, and the manner in which and when cases are heard. FELA was passed due to the risk of injury to railroad workers is very high. Congress passed the law to protect workers and their families in the event that they are injured while on the job. To be eligible for compensation under FELA, the worker must prove that their employer has violated the federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also offers compensation for pain and suffering, which are not covered by workers' comp. In contrast to claims for workers' compensation which are usually limited based on the type of injury sustained, a FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment of living. Another difference between FELA and workers' compensation is that to get compensation under FELA, the worker must prove that the company was at least partially responsible for their injury. If a worker is determined to be the cause of their injury the amount of their injuries could be reduced. For instance when an employee was directed to do something that was not in line with company policy and suffered injuries as a result the company could be held 50% responsible for their injuries. Workers' compensation cases require an earlier time frame to make claims. In a FELA claim, the statute of limitation is three years from the date the injury occurred, but in a workers' comp case, it's only one year. Therefore, it is important to contact a FELA lawyer with experience as soon as you can after your injury. FELA in vs. State Law If a railroad worker gets injured on the job, he or she may file a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore the successful FELA claim requires evidence that the railroad was negligent and that negligence was responsible for the injury of the worker. The FELA legislation, which was passed in 1908, was designed to provide compensation for railroad workers who are injured due to 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 to provide railroad workers with extensive coverage that is greater than the workers' compensation laws. A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in 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 compensate for lost wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury because of its negligence or a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or completely due to such negligence. FELA cases have helped improve tort law by establishing precedent for issues such as railroad emotional distress, damages distribution and working conditions standards. Particularly, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that their employees are provided with a safe workplace. This includes off-site locations like private hotels where railroad employees can be able to stay when on business. A good railroad attorney can help an injured railroad worker get the full benefits that they are entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker sustains an injury on the job or at work, they may seek workers' compensation or sue their employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However, they are different in a number of important ways. Unlike workers' comp, which allows employees file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer 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 as the evidence of negligence must be proven. FELA allows railroad workers injured by a crash to have their cases considered by a group consisting of their peers, not the authority that oversees administrative workers compensation claims. Additionally, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker and workers' compensation claims limit damages in accordance with a set schedule. It is important to know the difference between these two statutes, especially for railroad employees who aren't covered under state workers' compensation laws. They have to take their cases to FELA. If you or someone you know has been injured on the job as a railroad worker it is crucial to speak with experienced 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're ready to assist you obtain the maximum benefits from FELA. Click here to go to the National Division BLET's website to find a qualified Designated Legal Counsel (DLC). 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 person to discuss your case. Our attorneys also operate on a contingency fee that means you won't pay unless 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 pays an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disabilities, which is often far lower than what the worker is losing. The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a good starting point to start your research. The LibGuide contains links to online resources on the Villanova Law Library website. Access to some of these resources might require the use of a password. This LibGuide is intended as an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Please consult an attorney if you require assistance. Many people are unaware that FELA provides railroad employees with specific protections. fela attorneys believe that FELA is like the state laws governing workers' compensation but they're not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they can get the best representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim. The injured person will be able to receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured on the job, you should consult a firm of Designated Legal Counsel.