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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they are faced with unique legal challenges. 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 win a FELA case railroad workers must establish two things. The first is that the injury occurred as a result of the negligence of their employer. Workers' Compensation vs. FELA 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 only applies to railroad workers whereas workers' compensation applies to a variety of jobs in both the public and private sectors. FELA and workers' compensation also differ in terms of who determines fault and how damages are determined and where cases are tried. FELA was passed due to the risk of injury to railroad workers is very high. Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury on the job. In order to be compensated under FELA the worker must prove that their employer has violated the federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims that are typically capped based on the injuries sustained, a FELA can claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living. The main difference between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker has to prove that the company was at the very least partially responsible for the injury. If a worker is determined to be the cause of their injuries the amount of damages could be reduced. For example in the event that an employee was directed to do something that was against company policy and they were injured due to the incident, the company could be held 50% responsible for their injuries. Workers' compensation requires an earlier filing time for claims than a FELA case. In a FELA claim, the statute of limitation is three years from the date your injury occurred, whereas in a workers' compensation case, it is one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as you can after your injury. FELA vs. State Law If a worker on the railroad is injured while working and suffers an injury, they can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently, a successful FELA claim requires evidence that railroad negligence was at play and that such negligence played a role in the injury of the worker. The FELA legislation, which was passed in 1908, is designed to compensate railroad employees who are injured because of the nature of their job. Prior to the enactment of this law, injury and death rates among railroad workers were very high. fela claims sparked the need to provide railroad workers with complete coverage, which is higher than workers' compensation laws. 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, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation claims in that they compensate for the loss of wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused partially or completely due to such negligence. FELA cases have benefited tort law by creating precedent for issues such as railroad emotional distress as well as damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may be staying for business reasons. A railroad attorney can help those who have been injured receive the full benefits he or she is eligible for under FELA. FELA Vs. State Workers' Compensation Laws If a worker sustains an injury while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However, they are different in important ways. In contrast to workers' compensation which permits employees to apply for compensation without proving that their 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims because evidence of negligence is required. FELA allows injured railroad workers to have their cases considered by a committee of their peers, not the authority that oversees administrative workers compensation claims. FELA does not also limit the amount of damages an injured worker can receive, whereas workers' compensation claims do. The distinction between these two statutes is important to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you was injured as an employee of a railroad it is essential to speak with a knowledgeable FELA lawyers. To know more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to help you get the most benefits that are available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your situation by telephone or in person. Our lawyers also operate on a contingency fee, which means you don't pay until we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which is an amount that is fixed regardless of the 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) and death benefits along with pain and suffering. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker. The FELA law applies to railroads that are involved in interstate or global commerce. It allows 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 available on the Villanova Law Library website. Some of these resources require a password to access. This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to be legal advice. Please consult an attorney if you require additional assistance. Many workers are unaware that FELA is a unique piece of legislation that offers special protections to railroad workers. Although many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers who have been injured must be aware of the differences between the two types of claims so they can receive the best representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages that they can claim in their claim. This will allow the injured person to receive the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.