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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured while on the job. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. To win a FELA claim, railroad workers must be able to prove two things. First the injury must be proven to have been caused by the negligence of their employer. Workers' Compensation vs. FELA Workers comp and FELA are both designed to pay employees who suffer from work-related illnesses or injuries. 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 differs from workers' compensation in that it is determined by the person who caused the accident, and how much damages are awarded and the method by which and where the cases are decided. The risk of being injured is a high risk for workers on the railroad and that's why FELA was adopted in 1908. Congress passed the law to protect family members and employees in the event that they are injured on the job. In order to be compensated under FELA the worker must prove that the employer violated a federal law or regulation relating to safety in the workplace. Examples include violations 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. Unlike workers' compensation claims that are typically restricted based on the injury suffered, a FELA can claim compensation for non-economic damages that include emotional distress or loss of enjoyment living. Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at least partly accountable for their injury. If a worker's injury is found to be their fault the damages they suffer could be reduced. For instance, if the worker was told to do something that was in violation of company policy and were hurt in the process the company could be held 50% accountable for their injuries. Workers' compensation cases require shorter timeframes to submit a claim. In a FELA claim, the statute of limitation is three years from the date your injury occurred, whereas in a workers' comp case, it is one year. Therefore, it is important to speak with an FELA lawyer who has experience as soon as you can after the injury. FELA vs. State Law If a worker on the railroad is injured on the job, he or she may submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that the negligence resulted in injuries to the worker. The FELA law, which was enacted in 1908, was designed to provide compensation for railroad workers who have suffered injuries due to the nature of their work. Before the enactment this law, railroad employee death and injury rates were high. This led to the need provide railroad employees with extensive coverage that is greater than workers' compensation laws. In general, an FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA. FELA claims are similar to workers' compensation in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury due to its negligence or violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was caused in total or in part by the negligence. FELA cases have improved tort law through the creation of precedents for issues like a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its workers are safe in their workplace. This includes off-site facilities such as private hotels in which railroad workers may be staying for business reasons. A railroad attorney can help a railroad worker who has been injured receive the full benefits she is eligible for under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, injury while working or at work, they may seek workers' compensation 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. In contrast to workers' compensation, which allows workers to file without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws which caused 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 has to be proven. 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 their peers, not the administrative authority who oversees workers' compensation claims. FELA also does not limit the amount of damages an injured worker may receive, while workers' compensation claims do. The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you know was injured while working as a railroad employee, it is essential to speak with a professional 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 are ready to help you obtain the maximum benefits from FELA. To find a qualified 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 offer free consultations and are able to discuss your case by telephone or in person. Our attorneys work on a contingent basis, which means that you will not be charged until we succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers over injuries claims. In contrast to workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. In fela law firm to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity), death benefits, as well as pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering the true costs of a worker. The FELA law applies to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages directly caused by the company's negligence. This LibGuide is a great place to begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources may require the use of a password. This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to provide legal advice. If you require more help seek advice from an attorney. Many people are unaware that FELA offers railroad workers special protections. While many believe that FELA and state laws on workers' compensation are similar, they are very different. Injured railroad workers should be familiar with the differences between these two kinds of claims to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages available for their claim. The injured worker can receive the maximum amount of compensation allowed by FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.