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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured on the job. In contrast to most workers insurance laws, railroad employees 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 prove two things. First, the injury must have been caused by the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate workers for work-related injuries or illnesses, these two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation is applicable to a wide variety of jobs in the private and public sectors. FELA and workers' compensation differ in the way they determine fault and the way in which damages are awarded, and where and how cases are decided. FELA was passed due to the risk of injury to railroad workers is extremely high. Congress passed the law to protect workers and their families in the event that they are injured on the job. In order to be compensated under FELA the worker must prove that their employer violated any federal law or regulation related to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also offers compensation for pain and suffering, which are not covered by workers' compensation. In contrast to a workers' compensation claim, which is usually limited to a certain amount based on the severity of injuries however, the FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life. Another distinction between FELA and workers compensation is that to receive compensation under FELA workers must prove that the company was at least partially responsible for their injuries. If an injury suffered by a worker is found to be their fault the damages they suffer could be reduced. If a worker is injured because they were told to do something against company policy, and the company is held 50% accountable for the incident, then the company may be held at 50% accountable. Workers' compensation requires a faster timeline for filing an claim than a FELA case. In a FELA case the statute of limitations is three 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 important to speak with an experienced FELA lawyer as soon as possible after your injury. FELA Vs. State Law If a railroad worker gets injured on the job, he or she may file a claim under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires evidence that the railroad was negligent and that negligence played a role in the injury to the worker. The FELA, which was passed in 1908, was designed to compensate railroad employees who are injured due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were quite high. This led to the need for a comprehensive insurance that goes beyond workers' compensation laws. In general it is the case that an FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was responsible 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. These damages are based on the fact that the railroad was responsible for the injury or death due to its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused partially or in totality due to the negligence. FELA cases have benefited tort law by setting precedent for issues such as railroad emotional distress as well as damages distribution and working conditions requirements. Particularly, railroad injury fela lawyer have brought national attention to an employer's non-delegable duty to ensure that their employees are safe in their workplace. This includes off-site locations like hotels that private parties use where railroad employees may stay to work. A railroad attorney can help the railroad worker who has been injured to receive the full amount of benefits is entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits such as financial compensation and medical coverage. However, they are different in a number of important ways. In contrast to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with 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 a workers' compensation claim, because the evidence of negligence must be provided. In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a panel of their peers, not the administrative authority that oversees workers compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that can be granted to an injured worker and workers compensation claims limit damages according to a pre-determined timetable. It is crucial to understand the distinction between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone you know was injured on the job as a railroad employee, it is essential to speak with a professional FELA lawyers. Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak to a lawyer. We're prepared to assist you maximize the benefits available under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are able to discuss your case by telephone or in person. Our attorneys work on a contingent basis, meaning you will not be charged unless you prevail. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which provides an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses and lost wages (including future earning potential) and death benefits as well as 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 is not enough to cover the actual losses of a worker. The FELA law applies to railroads that participate in global or interstate commerce. It allows 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 starting point to start your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Access to certain resources might require an account password. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to constitute legal advice. Consult an attorney if you need additional assistance. Many workers are unaware 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. Injured railroad workers need to be aware of the distinctions between the two types of claims in order that they receive the best representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.