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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face unique legal challenges. Unlike most workers' compensation laws, railroad employees have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). In order to prevail in a FELA claim railroad workers must be able to prove two things. First the injury must be caused by the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work However, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines the fault and how damages are determined, and where and how cases are handled. The risk of being injured is a high risk for workers on the railroad This is the reason FELA was adopted in 1908. Congress passed the law to protect the families of workers in the event they were injured while working. To be eligible for compensation under FELA the worker must prove the employer violated a federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based on the severity of injuries, the 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 least partially responsible for their injuries. If a worker's injury is determined to be attributable to them their damages can be reduced. For instance when an employee was directed to do something that was not in line with company policy and were hurt due to the incident, the company could be held 50% responsible for their injuries. Workers' compensation requires an earlier filing time for an claim than a FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore important to consult an FELA lawyer with experience as soon as you can following your injury. fela lawyers . State Law When a railroad worker is 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. Consequently an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury to the worker. The FELA legislation, which was passed in 1908, is designed to provide compensation for railroad workers who have been injured because of their work. Prior to the passage of this law, railroad worker accident and death rates were high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was liable under the FELA. Similar to workers compensation as well, like workers' compensation, a FELA claim provides the injured worker with wages lost as well as medical expenses, the cost of suffering. These damages are based on the notion that a railroad was liable for the injury or death due to its negligence or a violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or completely due to such negligence. FELA cases have improved tort law by creating precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that their employees are safe in their workplace. This includes off-site locations like private hotels which railroad employees may stay while on business. A good railroad attorney can assist an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, he or she can apply for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However, they are different in some important ways. Unlike workers' compensation, which allows employees to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and 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. In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a group of their peers rather than 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 can be awarded to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule. It is important to know the difference between these two laws, especially for railroad workers who are not covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you know has been injured while working as a railroad worker, it is crucial to speak with a professional FELA attorneys. To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you maximize the benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by phone or person to discuss your case. Our lawyers work on a contingent 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 injury claims. Contrary to workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on 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) and death benefits and pain and suffering. Workers' compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disability which is usually lower than what a worker has lost. The FELA law is applicable to railroads that participate in interstate or global commerce. It allows injured employees and their families to sue their employer for damages directly caused by the company's negligence. This LibGuide is a good place to begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to be construed as legal advice. Please consult an attorney should you require assistance. Many people are unaware that FELA provides railroad employees with specific protections. Many people are mistakenly thinking that FELA is comparable to the state laws governing workers' compensation, but they are not. Injured railroad workers must be aware of the differences between these two kinds of claims to receive the most effective representation. A qualified lawyer can assist the family members of a railroad worker who has passed away, or the injured employee in understanding the various kinds of damages they can claim. This will enable the injured person to receive the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, you should consult an organization of Designated Legal Counsel.