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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. Railroad employees, unlike many workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. To prevail in a FELA case, railroad workers need to establish two things. The first is that the injury occurred as a result of negligence by their employer. FELA vs. Workers' Compensation While workers compensation and FELA both seek to compensate workers for work-related injuries or illnesses, these two laws differ in a variety of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a wide variety of jobs in the public and private sectors. FELA and workers' compensation are also different in the way they determine the fault, how damages are awarded and where cases are handled. FELA was passed due to the risk of injury to railroad workers is extremely high. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To be eligible for compensation under FELA workers must demonstrate that their employer violated a federal statute or regulation relating to workplace safety. fela lawsuits 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 which aren't covered under workers compensation, such as suffering and pain. Unlike a workers' compensation claim, which is usually capped at an amount based on injuries however, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life. A difference between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury. If a worker is determined to be responsible for their injury the amount of damages could be reduced. For instance when an employee was directed to do something that was not in line with company policy and were injured in the process, the company could be held 50% responsible for their injuries. Workers' compensation cases have shorter timeframes to make an claim. In the case of a FELA claim, the statute of limitation is three years from the time your injury occurred, while in a workers' compensation case, it is one year. It is therefore crucial to contact an FELA lawyer with experience as soon as you can after the injury. FELA Vs. State Law When a railroad worker is injured on the job and suffers an injury, they can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker. The FELA, which was passed in 1908, was designed to provide compensation for railroad workers who are injured because of the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This sparked the need to provide railroad employees with complete coverage, which is higher than workers' compensation laws. In general the majority of cases, a FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state court. For example, a recent case in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was responsible under the FELA. Like workers compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. The basis for these damages is the fact that the railroad was responsible for the death or injury because of its negligence or a violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the death or injury was caused in whole or in part by the negligence of the railroad. FELA cases have improved tort law by setting precedents for issues like railroad emotional distress, damages distribution and working conditions standards. Particularly, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its employees are safe in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may stay for business reasons. A railroad attorney can help 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 is injured while on the job then he or she may claim workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, like medical coverage, financial payouts and loss of future earnings, they differ in important ways. In contrast to workers' compensation which allows employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that caused their injury. This includes laws like 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 provided. FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, not the administrative authority responsible for deciding workers compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The distinction between these two statutes is important to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you love has been injured on the job as a railroad worker, it is important to talk with a professional FELA lawyers. Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're ready to assist you obtain the maximum benefits under FELA. Click here to go to 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 no-cost consultations, and are available by phone or in person to discuss your case. Our attorneys are on a contingency basis, which means that you will not be charged unless you succeed. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as pain and suffering. Workers compensation, on contrary, provides only temporary medical care and a fixed amount of money to cover long-term disabilities, which is often far less than what an individual loses. The FELA law applies to railroads operating in international or interstate commerce, and it allows injured employees and their families to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these websites require a password to access. This LibGuide is intended to serve as an aid to study for Villanova law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney if you require assistance. Many workers do not realize that FELA is a unique piece of legislation that provides specific protections to railroad employees. Although many believe that FELA and state workers' compensation laws are alike however, they are quite different. Injured railroad workers need to be aware of the distinctions between the two types of claims in order that they receive the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away or injured understanding the various kinds of damages that they are entitled to. This will allow the injured worker to get the maximum recovery allowed under FELA. If you are a railroad employee who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.