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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured at work. Unlike most workers insurance laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To win a FELA case, railroad workers need to establish two things. First the injury must be proven to be caused by their employer's negligence. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a few ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a wide variety of jobs within the private and public sectors. FELA and workers' compensation also differ in the way they determine the fault and the way in which damages are awarded and where cases are decided. The risk of injury is a high risk for workers on the railroad, which is why FELA was passed in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an accident on the job. In order to receive compensation under FELA workers must prove that their employer violated the federal law or regulation that relates to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also provides compensation for suffering and pain, which are not covered by workers' comp. 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. Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA workers must prove that the employer was at least partially accountable for their injury. If an injury suffered by a worker is found to be the fault of the company the damages they suffer could be reduced. For example in the event that an employee was directed to do something that was in violation of company policy and suffered injuries in the process the company could be held 50 percent responsible for their injuries. Workers' compensation has an earlier timeframe for filing claims than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it is one year. It is therefore crucial to consult a FELA lawyer who has experience as soon as you can after your injury. FELA in vs. State Law If a railroad worker gets injured on the job and suffers an injury, they can file a claim under 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 the successful FELA claim requires proof that the railroad was negligent and that the negligence was responsible for causing the worker's injury. The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the passing of this law, the death and injury rates among railroad employees were very high. This led to the need for a comprehensive insurance that went beyond workers' compensation laws. A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA. FELA claims are similar to workers compensation in that they provide lost wages, medical costs, and pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury due to its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA claimant must prove that the death or injury was caused in total or in part by such negligence. FELA cases have improved tort law by establishing of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its workers are safe in their workplace. This includes off-site facilities like hotels that are private, where railroad employees can stay while on business. An attorney for railroads can assist the railroad worker who has been injured to receive the full amount of benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured while working, he or she can claim workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings however, they differ in significant ways. In contrast to workers' compensation, which allows employees to file without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that led to 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 bring their cases to an open jury trial and have their case determined by a group of colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not restrict the amount of damages an injured worker can receive, whereas workers' compensation claims do. It is crucial to understand the distinction between these two statutes, especially for railroad employees who aren't covered under state workers' compensation laws. They are required to take their cases to FELA. If you or someone close to you has been injured as an employee of a railroad it is essential that you speak with a professional FELA lawyers. Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're here to help you get the most benefits from 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 provide free consultations and are able to discuss your situation by phone or in person. Our attorneys also operate on a contingency fee which means that you don't pay until we win your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. In contrast to workers' compensation, which provides an amount that is fixed regardless of who is responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses as well as lost wages (including future earning potential), death benefits, along with pain and suffering. Workers' compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disabilities which is usually less than the amount a worker has lost. The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring an action against their employer for any damages resulting from the negligence of the company. This LibGuide provides a starting point for further research on this subject. It includes links to various online resources on the Villanova Law Library's website. Some of these websites 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. You should consult with an attorney if you require additional assistance. Many people do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Many people are mistakenly thinking that FELA is similar to the state laws governing workers' compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims in order that they can get the most effective representation. A lawyer with experience can help the family of a railway worker who has died or injured in understanding the different types damages available to them. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If fela claims 're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.