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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. In contrast to most workers insurance laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To win a FELA claim, railroad workers must be able to prove two things. First the injury must be proven to be caused by the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs within the public and private sectors. FELA and workers' compensation are also different in the way they determine the fault and the way in which damages are awarded and where cases are tried. The risk of injury is high for people working on the railroad, which is why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. To be eligible for compensation under FELA workers must demonstrate that their employer violated the federal law or regulation that pertains to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), 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 that aren't covered by workers compensation, such as suffering and pain. Unlike workers' compensation claims that are typically limited based on the type of injury sustained, FELA is able to claim compensation for non-economic damages that include emotional stress or loss of enjoyment of living. Another distinction between FELA and workers compensation is that in order to receive compensation under FELA workers must prove that the employer was at least partially responsible for their injuries. If a worker's injury is determined to be their fault, their damages could be reduced. If a worker is injured because they were told to do something against company policy, and the company was found to be 50% responsible for the incident, then the company may be held at 50% accountable. Workers' compensation is a faster timeline for filing claims than a FELA case. In a FELA case, the statute of limitations is three years from the date of your injury, when in the case of workers' compensation the statute of limitations is 1 year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury. FELA vs. State Law If a railroad worker gets injured on the job, he or she may submit a claim for compensation 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. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the worker's injuries. The FELA, which was passed in 1908, is designed to provide compensation for railroad workers who have been injured because of the nature of their job. Prior to the enactment of this law, railroad worker accident and death rates were high. This led to the need for comprehensive coverage that went beyond the workers' compensation laws. A FELA lawsuit must be filed in federal courts since 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 was a railroad employee who claimed that his employer was liable under the FELA. Like workers compensation as well, the FELA claim compensates the injured worker with wages lost and medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death because of its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the injury or death was caused in total or in part by the negligence. FELA cases have helped improve tort law by setting precedents for issues like emotional distress on the railroad, damages distribution and working conditions standards. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are provided with a safe workplace. This includes off-site locations like private hotels where railroad workers may stay while on business. An attorney for railroads can assist a railroad worker who has been injured receive the full benefits he or she is eligible for under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, injury while on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However they differ in a number of important ways. Contrary to workers' compensation which allows workers to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove that 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 harder to win a FELA claim than workers' compensation claims, since proof of negligence is required. FELA allows injured railroad workers to have their cases considered by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be awarded to an injured worker while workers compensation claims limit damage awards in accordance with a set schedule. The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone you know has been injured on the job as a railroad worker, it is essential to speak with experienced FELA attorneys. Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We're ready to assist you get the most benefits available under FELA. Click here to visit the National Division BLET's website 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 available via phone or in person to discuss your case. Our lawyers also work on a contingency basis which means that you don't pay until we win 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 fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses, lost wages (including future earning potential) and death benefits as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker. The FELA law is applicable to railroads involved in global or interstate commerce. It permits injured employees, as well as their families, to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a great place to start your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to constitute legal advice. If fela law firm need more assistance, please consult an attorney. Many people are unaware that FELA provides railroad employees with specific protections. Many people believe that FELA is comparable to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they can get the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages available for their claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railroad worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.