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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured on the job. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act. To prevail in a FELA case railroad workers must prove two things. First, that the injury occurred as a result of their employer's negligence. Workers' Compensation vs. FELA While workers compensation and FELA both are designed to compensate employees for work-related injuries or illnesses However, these two laws differ in a variety of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a broad range of jobs in the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and how and when cases are heard. The risk of injury is high for people working on the railroad and that's why FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured on the job. To receive compensation under FELA the worker must show the employer violated any federal law or regulation related 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 wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. In contrast to a workers' compensation claim, which is generally limited to a certain amount based upon the severity of injuries however, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life. Another difference between FELA and workers compensation is that in order to get compensation under FELA the worker must prove that the company was at least partially responsible for their injuries. If the injury suffered by a worker is found to be the fault of the company the damages they suffer could be reduced. For instance in the event that an employee was directed to do something not in line with company policy and were injured in the process, the company could be held 50 percent responsible for their injuries. Workers' compensation cases have an earlier time frame to file an claim. In a FELA case, the statute of limitations is 3 years from the date of your injury, however, in a workers' compensation claim the statute of limitations is one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury. FELA vs. State Law If a railroad employee is injured at work, he or her may make a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that the negligence resulted in the injuries suffered by the worker. The FELA, which was passed in 1908, was designed to compensate railroad employees who have been injured because of the nature of their job. Prior to the passing of this law, death and injury rates among railroad employees were extremely high. This resulted in the need for a comprehensive insurance that went beyond the laws governing workers' compensation. In general the majority of cases, an 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 instance an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was liable under the FELA. FELA claims are similar to claims for workers' compensation in that they compensate for lost wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death due to its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death, was caused in part or in full by such negligence. FELA cases improved tort law through the creation of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. FELA claims specifically have drawn national attention to an employer's obligation to provide a safe and secure work environment for its workers. fela lawyers includes off-site locations such as private hotels where a railroad's workers might be staying for business purposes. An experienced attorney for railroads can assist a railroad worker receive the full amount of benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while working, he or she can file for workers' compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However they differ in important ways. Unlike workers' compensation, which allows workers to file without proving that their employer was to blame, FELA requires the injured railroad employee 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 as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as evidence of negligence must be proven. In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of peers 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 may be awarded, whereas workers' compensation claims do. It is important to know the distinction between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you know has been injured while working 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 state laws on workers' compensation and FELA. Contact us now to speak with a lawyer. We are prepared to help you pursue the maximum benefits that are available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay unless we are successful in settling your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injury claims. Contrary to workers' compensation which is an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses as well as lost wages (including future earning potential), death benefits, along with pain and suffering. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually 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 permits injured employees, as well as their families to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide provides links to online resources on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. If you require further assistance, please consult an attorney. Many people are unaware that FELA offers railroad workers specific protections. Though many people believe that FELA and state workers' compensation laws are similar however, they are quite different. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they can get the most effective representation. In the case of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages available for their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for advice.