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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries at work. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA claim, railroad workers must demonstrate two things. First the injury must be proven to be caused by their employer's negligence. FELA Vs. Workers' Compensation Workers comp and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However, they differ in a few ways. FELA only applies to railroad workers while workers' compensation is applicable to a broad range 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, what damages are awarded and the method by which and where cases are heard. FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard family members and employees in the event of being injured while working. To receive compensation under FELA the worker must prove that their employer has violated the federal law or regulation relating to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for 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. Contrary to claims under workers' compensation which are usually capped based on the injuries sustained, a FELA can seek compensation for non-economic losses, such as emotional stress or loss of enjoyment of living. The main difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must prove that the company was at very least partially responsible for the injury. If an injury suffered by a worker is found to be their fault the damages they suffer could be reduced. For instance in the event that an employee was directed to do something against company policy and they were injured due to the incident the company could be held 50% accountable for their injuries. Workers' compensation cases have shorter timeframes to make a claim. In a FELA claim, the statute is three years from when the injury occurred, but in a workers' comp case, it's only one year. It is therefore important to consult a FELA lawyer with experience as soon as you can following your injury. FELA in vs. State Law If a railroad employee gets injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent, and that the negligence resulted in the worker's injuries. The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, injury and death rates among railroad workers were extremely high. This led to the need to provide railroad employees with extensive coverage that is greater than the workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA. Like workers compensation as well, the FELA claim is a way to provide the injured worker with wages lost, medical expenses and damages for pain and suffering. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or violation of a safety statute like 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 whole or in part by the negligence. FELA cases have benefited tort law by establishing precedent for issues such as railroad emotional distress as well as damages distribution and working conditions requirements. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe work environment for its workers. This includes off-site facilities such as private hotels in which railroad workers may stay for business purposes. A good railroad attorney can assist an injured railroad worker obtain the full amount of benefits to which they are entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker suffers an injury while working, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, cash payments, and future earnings loss but they differ in important ways. In contrast to workers' compensation, which allows workers to file without proving that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that caused their injuries. This includes laws such as the Occupational Safety and Health Administration as well as 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. In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA does not also limit the amount of compensation an injured worker may receive, whereas workers' compensation claims do. It is crucial to understand the difference between these two statutes, particularly for railroad employees who aren't covered under state workers' compensation laws. They must take their cases to FELA. If you or someone you love has been injured as an employee of a railroad it is crucial to speak with a professional FELA lawyers. To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you get the most benefits available under FELA. Click here to visit the National Division BLET's site to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available via phone or person to discuss your case. Our attorneys are on a contingency basis, meaning that you will not be charged until we prevail. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential) and death benefits along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which often is not enough to cover the true costs of a worker. The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide offers a base for research on this topic. fela lawyers provides links to online resources available on the Villanova Law Library website. Access to some of these resources may require a password. This LibGuide was developed to aid in the study of Villanova Law students. Nothing in this guide should be taken as legal advice. If you require further assistance seek advice from an attorney. Many workers do not realize that FELA is a unique piece of legislation that grants special protections to railroad workers. While many believe that FELA and state laws on workers' compensation are the same but they are vastly different. Railroad workers who have been injured should be familiar with the differences between these two types of claims to get the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim. The injured person can receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.