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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured at work. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To prevail in a FELA case railroad workers must demonstrate two things. First the injury must have been caused by the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both are designed to compensate workers for work-related injuries or illnesses however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and the method by which and where cases are heard. The risk of injury is very high for those working on the railroad This is the reason FELA was adopted in 1908. Congress passed the law to protect family members and employees in the event of being injured while on the job. In order to be compensated under FELA the worker must prove that their employer has violated a federal statute or regulation that relates to workplace safety. 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, like suffering and pain. In contrast to claims for workers' compensation which are usually capped based on the injuries suffered, a FELA is able to claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living. The distinction between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker has to prove that the company was at least partially responsible for the injury. If the injury suffered by a worker is determined to be their fault the damages they suffer could be reduced. For instance, if an employee was directed to do something that was not in line with company policy and were injured due to the incident the company could be held 50 percent responsible for their injuries. Workers' compensation cases require shorter timeframes to make claims. In the case of a FELA claim, the statute is three years from the date the injury occurred, but in a workers' compensation case, it's one year. It is therefore important to speak with a FELA lawyer who has experience as soon as you can following your injury. FELA vs. State Law If a railroad worker gets injured while working, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of fault, FELA is a statute of liability. Therefore the successful FELA claim requires proof that railroad negligence was at play and that negligence played a role in causing the worker's injury. The FELA law, which was enacted in 1908, was designed to compensate railroad workers who have suffered injuries because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were extremely high. This led to the need provide railroad workers with complete coverage, which is higher than workers' compensation law. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. FELA claims can be filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation claims in that they cover lost wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or a violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA plaintiff must prove that the injury or death was caused in total or in part by the negligence. FELA cases have influenced tort law by establishing of precedents in areas such as a railroad emotional distress, damages allocation and working conditions standards. FELA claims specifically have drawn national attention to the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site facilities like hotels that are private, where railroad employees can stay when traveling for business. The right railroad attorney can help an injured railroad worker get the full benefits that he or she is entitled 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. 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 claim benefits without having to prove 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 such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, as evidence of negligence is required. Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a panel of their peers rather than the administrative authority who oversees workers compensation claims. FELA does not also limit the amount of damages an injured worker can receive, while workers' compensation claims do. It is crucial to understand the difference between these two statutes, particularly for railroad employees 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 to consult with a knowledgeable FELA lawyers. Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with a lawyer. fela lawsuit settlements are prepared to help you maximize the benefits under FELA. Click here to visit the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your case over the telephone or in person. Our lawyers are on a contingency basis, meaning you won't be charged unless we prevail. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. Unlike workers' comp, which pays an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually does not cover the actual losses of a worker. The FELA law is applicable to railroads that are involved in international or global trade. It allows injured employees and their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide is a great place to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources might require the use of a password. This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to constitute legal advice. If you require more help you should consult an attorney. Many workers do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are alike, they are very different. Injured railroad workers should be familiar with the distinctions between these two types of claims in order to receive the most effective representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to comprehend the various types of damages that they can claim in their claim. This will allow the injured worker to get the maximum recovery allowed under FELA. If you are a railroad employee who was injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.