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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face unique legal issues. Contrary to the majority of workers insurance laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury occurred as a result of their employer's negligence. FELA vs. Workers' Compensation While workers' compensation and FELA both attempt to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, whereas 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 degree of fault and the way in which damages are awarded, and where and how cases are decided. FELA was passed because the risk of injury for railroad workers is very high. Congress passed the law to safeguard workers and their families in the event that they are injured while working. In order to be compensated under FELA the worker must prove their employer violated any federal law or regulation related to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages which aren't covered under workers' compensation, including suffering and pain. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based on the severity of injuries and other injuries, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life. Another difference between FELA and workers compensation is that in order to receive 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 at fault for their injury the amount of their injuries could be reduced. If a worker is injured due to being told to do something against company policy, and the company was found to be 50% accountable for instance, the company could be held to be 50% responsible. Workers' compensation is an earlier filing time for claims than the FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim, the statute of limitations is 1 year. Therefore, it is important to speak with a FELA lawyer with experience as soon as you can after the injury. FELA vs. State Law If a railroad employee gets injured while at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes which offer benefits regardless of who is at fault 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, which was passed in 1908, was enacted to provide compensation for railroad workers who have been injured because of the nature of their job. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA. FELA claims are similar to claims for workers compensation claims in that they compensate for lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was liable for the injury or death because of its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must show that the injury or death was a result of the whole or in part because of such negligence. FELA cases have improved tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims particularly, have brought federal attention to the issue of an employer's obligation to provide a safe work environment for its workers. This includes off-site places like private hotels where railroad workers may stay while on business. Railroad attorneys can help a railroad worker who has been injured receive the full benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured while working then he or she may claim workers compensation benefits or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, monetary payments and loss of future earnings but they differ in important ways. Contrary to workers' compensation which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with a safety law 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. This makes it harder to win a FELA claim than workers' compensation claims, as evidence of negligence is required. FELA allows injured railroad workers to have their cases considered by a committee of their peers, not the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of compensation an injured worker could be awarded, whereas workers' compensation claims do. It is important to know the difference between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They are required to take their cases to FELA. If you or someone you love was injured as a railroad employee, it is important that you speak with a professional FELA lawyers. To learn more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We are ready to help you obtain the maximum benefits under FELA. Click here to visit the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are able to discuss your situation by phone or in person. Our attorneys are on a contingency basis, meaning you will not be charged unless you win. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers for injuries claims. Unlike workers' comp, which pays a fixed amount regardless of fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Workers compensation, on the contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability that is often less than what a worker has lost. The FELA law is applicable to railroads that are involved in interstate or global commerce. It permits injured employees, as well as their families, to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require the use of a password. This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. If you require further assistance you should consult an attorney. fela attorneys are unaware that FELA is a distinct piece of legislation that offers special protections to railroad workers. 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 these two types of claims to obtain the best possible representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.