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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries at work. Contrary to the majority of 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 prove two things. First the injury must be proven to be the result of the negligence of their employer. FELA vs. Workers' Compensation While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and how and where the cases are decided. The risk of injury is high for people working on the railroad and that's why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of an injury on the job. In order to receive compensation under FELA workers must prove that their employer violated a federal statute or regulation that pertains 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 the past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by' compensation, including suffering and pain. Contrary to claims under workers' compensation which are usually capped based on the injuries sustained, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment living. Another difference between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at a minimum partially responsible for their injuries. If a worker is determined to be responsible for their injury the amount of injuries could be reduced. If a worker gets hurt because they were told to follow company policy and the company is held 50% responsible for instance, the company could be held 50% responsible. Workers' compensation cases require an earlier time frame to make an claim. In the case of a FELA case, the statute of limitations is three years from the date of your injury, however, in the case of workers' compensation, the statute of limitations is 1 year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as possible after your injury. FELA vs. State Law If a railroad worker is injured while working, he or her may make a claim under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of injuries to the worker. The FELA was enacted in 1908 and is 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, injury and death rates among railroad employees were very high. This led to the need for comprehensive coverage that goes beyond workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA. FELA claims are similar to workers' compensation in that they compensate for lost wages, medical expenses and pain and suffering damages. These damages are based on the fact that the railroad was accountable for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the injury or death was caused in whole or in part because of the negligence. FELA cases have benefited tort law by creating precedents for issues like emotional distress on the railroad as well as damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site locations such as hotels owned by private individuals where railroad employees may stay while traveling 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 vs. State Workers' Compensation Laws If workers are injured while on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However they differ in some important ways. Contrary to workers' compensation, which allows employees 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 law of the federal government that led to their injury. This includes laws such as 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 must be provided. Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and get their case decided by a group of their peers, not the authority in charge of administrative matters that manage workers compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may be given to injured workers while workers compensation claims limit damages in accordance with a set schedule. It is important to know the distinction between these two laws, especially for railroad employees who aren't covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you know has been injured on the job as a railroad employee, it is important to talk with a professional FELA lawyers. Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We are prepared to help you maximize the benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer no-cost consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency basis which means that you don't pay unless we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. Contrary to workers' compensation which is an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis of the concept of 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), death benefits, as well as suffering and pain. Workers compensation, on the other hand, offers only temporary medical care and a fixed amount of money to cover long-term disabilities, which is often far less than the amount a worker has lost. The FELA law is applicable to railroads that participate in international or global trade. It permits injured employees, as well as their families to sue their employers for damages directly caused by the company's negligence. This LibGuide is a good starting point to begin your research. The LibGuide includes links to online resources on the Villanova Law Library website. Access to certain resources might require a password. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to be legal advice. fela case settlements should consult with an attorney if you need assistance. Many workers are unaware that FELA provides railroad employees with specialized protections. Though many people believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order they can receive the most effective representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.