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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured on the job. Railroad workers, unlike other 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 claim railroad workers must be able to prove two things. First, they must prove that the injury was the result of their employer's negligence. Workers' Compensation vs. FELA Workers comp and FELA are both designed to pay employees who are afflicted by work-related injuries or illnesses. However they differ in number of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of private and public jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, and how much damages are awarded and how and where the cases are decided. FELA was enacted because the risk of injury to railroad workers is very high. Congress passed the law to safeguard workers and their families in the event of being injured on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated the 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. In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. In contrast to claims for workers' compensation that are typically restricted based on the injury suffered, a FELA can seek compensation for noneconomic damages like emotional stress or loss of enjoyment of living. The main distinction between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If a worker is determined to be at fault for their injury, the amount of their damages may be reduced. If a worker is injured due to being told to follow company policy and the company is held 50% accountable, for example, then the company may be held to be 50% responsible. Workers' compensation cases require shorter timeframes to submit a claim. In a FELA case the statute of limitation is three years from date of your injury, while in a workers' compensation case, the statute of limitations is one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can following your injury. FELA in 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). In contrast to workers' compensation statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury of the worker. The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have suffered injuries because of the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need provide railroad employees with complete coverage, which is higher than workers' compensation law. In general the majority of cases, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. However, fela claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA. FELA claims are similar to claims for workers compensation claims in that they provide lost wages, medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the injury or death due to its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition, a FELA claimant must show that the injury or death was caused in total or in part because of the negligence of the railroad. FELA cases have influenced tort law through the establishment of precedents in areas such as a railroad emotional distress and damages allocation as well as working conditions standards. FELA claims specifically, have brought federal attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site locations such as private hotels, which railroad employees may be able to stay when on business. Railroad attorneys can help a railroad worker who has been injured receive the full benefits he or can claim under FELA. FELA vs. State Workers' Compensation Laws If an employee is injured on the job then he or she may apply for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including medical coverage and monetary payouts. However they differ in important ways. Unlike workers' compensation, which allows workers to file without proving that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which 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 more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required. Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a panel of their 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 receive, while workers' compensation claims do. The difference between these two statutes is crucial to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you know was injured on the job as a railroad employee, it is important to talk with a professional FELA lawyers. To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you receive the best benefits under FELA. To locate a reputable 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 available by phone or person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay until we win your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injury claims. Unlike workers' comp which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses as well as lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers' compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disability that is often less than what the worker is losing. The FELA law applies to railroads involved in global or interstate commerce. It allows injured employees and their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a great place to begin your research. It includes links to various online resources available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to be legal advice. You should consult with an attorney if you require additional assistance. Many workers are unaware that FELA is a distinct piece of legislation that provides specific protections to railroad employees. Many people mistakenly believe that FELA is comparable to state laws on workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they can get the best representation. A lawyer with experience can help the family members of a railroad worker who has died or injured understanding the various types of damages that they are entitled to. This will allow the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, consult a firm of Designated Legal Counsel.