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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they suffer injuries 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 prevail in a FELA claim railroad workers must demonstrate two things. First, they must prove that the injury was the result of the negligence of their employer. FELA against. Workers' Compensation Workers' compensation and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However, they differ in a couple of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a variety of jobs in both the private and public sectors. FELA and workers' compensation are also different in regards to who decides fault and how damages are determined, and where and how cases are tried. The risk of injury is very high for those working on railroads This is the reason FELA was enacted in 1908. Congress passed the law to protect workers and their families in the event they were injured while on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated any federal law or regulation that relates to workplace safety. 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 treatments, FELA provides for damages that aren't covered by compensation, like suffering and pain. In contrast to a workers' compensation claim, which is usually capped at an amount based on injuries however, an FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. 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 company was at minimum partially responsible for the injury. If a worker's injury is determined to be their fault the damages they suffer could be reduced. For example in the event that the worker was told to perform a task that was not in line with company policy and suffered injuries in the process, the company could be held 50% accountable for their injuries. Workers' compensation is an earlier filing time for a claim than the FELA case. In the case of a FELA case the statute of limitations is three years from the date of your injury when in a workers' compensation case, the statute of limitations is 1 year. Therefore, it is important to contact a FELA lawyer who has experience as soon as you can following your injury. FELA in vs. State Law If a railroad employee gets injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires proof that railroad negligence was at play and that the negligence contributed to causing the worker's injury. The FELA legislation, which was passed in 1908, was designed to compensate railroad workers who are injured because of the nature of their work. Prior to the enactment of this law, railroad worker deaths and injuries were high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws. In general it is the case that a FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation claims in that they compensate for the loss of wages, medical expenses, and pain and suffering damages. The basis for these damages is the fact that the railroad was liable 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 the FELA claimant must prove that the death or injury was caused in whole or in part because of the negligence of the railroad. FELA cases have influenced tort law by establishing of precedents for issues like emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims particularly, have brought federal attention on the issue of an employer's obligation to provide a safe working environment for its workers. This includes off-site places like hotels that private parties use where a railroad's workers might be staying for business reasons. An attorney for railroads can assist those who have been injured to receive the full benefits he or is entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker sustains an injury on the job or at work, they may seek workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payouts, and future earnings loss, they differ in important ways. In contrast to workers' compensation which allows employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence must be presented. Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of their peers rather than the authority in charge of administrative matters that manage workers compensation claims. Additionally, FELA does not put a cap on the amount of compensation that could be granted to an injured worker while workers compensation claims limit damages in accordance with a set schedule. It is important to know the distinction between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or a loved one has been injured by an employee of a railroad it is crucial to consult with a knowledgeable FELA lawyers. Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us today to speak to an attorney. We're prepared to assist you maximize the benefits under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your situation by telephone or in person. Our attorneys also operate on a contingency basis which means that you don't pay until we win your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers over injury claims. Contrary to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon 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 suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed 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 involved in international or global trade. It permits injured employees and their families, to sue their employer for damages resulting directly from the company's negligence. This LibGuide offers a base to research this issue. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources might require the use of a password. This LibGuide is intended to serve as a study supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. If fela attorneys require further assistance seek advice from an attorney. Many workers are unaware that FELA is a unique piece of legislation that offers specific protections to railroad employees. Many people are mistakenly thinking that FELA is similar to the state laws governing workers' compensation but they're not. Injured railroad workers should be aware of the differences between these two kinds of claims to receive the most effective representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who was injured on the job, contact an Designated Legal Counsel (DLC) firm for guidance.