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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with unique legal challenges. 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 need to prove two things. First, that the injury occurred as a result of negligence by their employer. Workers' Compensation vs. FELA While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers while workers' compensation applies to a broad range of jobs in both the private and public sectors. FELA and workers' compensation differ in terms of who determines fault and the way in which damages are awarded and the manner in which cases are tried. FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed the law to safeguard the families of workers in the event they were injured while on the job. In order to be compensated under FELA the worker must show their employer has violated a federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by compensation, like pain and suffering. Unlike a workers' compensation claim, which is usually 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 distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injury. If an injury suffered by a worker is determined to be attributable to them their damages can be reduced. For instance in the event that the worker was told to do something that was against company policy and they suffered injuries due to the incident, the company could be held 50% responsible for their injuries. Workers' compensation cases have shorter timeframes to file an claim. In a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' compensation case, it is one year. It is therefore important to speak with an FELA lawyer who has experience as soon as you can after the injury. FELA Vs. State Law If a railroad employee is injured while working, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for the injury of the worker. The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need provide railroad workers with complete coverage, which is higher than workers' compensation law. In general it is the case that a FELA claim must be filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard 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, the FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as the cost of suffering. These damages are based on the notion that a railroad was responsible for the injury or death due to its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the injury or death was a result of the whole or in part because of the negligence. FELA cases have helped improve tort law by establishing precedents for issues like railroad emotional distress and damages distribution as well as 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 employees. This includes off-site locations such as hotels owned by private individuals in which railroad workers may be staying to work. An attorney for railroads can assist a railroad worker who has been injured receive the full amount of benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker sustains an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payments and loss of future earnings but they differ in important ways. Unlike workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that led to their injuries. 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 workers' compensation claims as the evidence of negligence must be presented. FELA allows railroad workers injured by a crash 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 damages an injured worker may receive, while workers' compensation claims do. It is important to know the distinction between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or a loved one was injured as a railroad employee, it is important to speak with a professional FELA lawyers. To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you pursue the maximum benefits under FELA. Click here to visit the National Division BLET's website to locate a certified 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 available by phone or in person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay unless we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation, which pays an amount that is fixed regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In fela law firm to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. In contrast, workers' compensation offers only temporary medical benefits and a set 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 operate in interstate or international commerce, and permits injured employees and their families to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is designed to be a study supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. Consult an attorney if you need assistance. Many workers are unaware that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the differences between the two types of claims so that they can get the best representation. In the case of an injury, a qualified lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad employee who was injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.