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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with particular legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To win a FELA case, railroad workers need to demonstrate two things. First, that the injury occurred as a result of the negligence of their employer. FELA vs. Workers' Compensation Workers' compensation and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers while workers' compensation applies to a broad range of jobs in the public and private sectors. FELA and workers' compensation also differ in terms of who determines fault and the way in which damages are awarded, and where and how cases are decided. The risk of injury is very high for those working on the railroad, which is why FELA was passed in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA, the worker must prove that their employer violated the federal law or regulation that relates to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is typically capped at an amount based upon the severity of injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must prove that the company was at least partially accountable for their injury. If a worker is found to be responsible for their injuries the amount of their injuries could be reduced. If a worker gets hurt because they were instructed to do something against company policy and the company is held 50% accountable for the incident, then the company could be held 50% responsible. Workers' compensation has an earlier timeframe for filing a claim than the FELA case. In the case of a FELA case, the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim the statute of limitations is 1 year. It is therefore important to speak with an FELA lawyer experienced in the earliest time you can after the injury. FELA Vs. State Law If a worker on the railroad is injured while working and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that the railroad was negligent and that such negligence was responsible for causing the worker's injury. The FELA law, which was enacted in 1908, was designed to provide compensation for railroad workers who are injured because of their work. Prior to the passing of this law, the death and injury rates among railroad workers were very high. This led to the need for a comprehensive insurance that goes beyond workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was liable under the FELA. Similar to workers compensation and workers' compensation, a FELA claim compensates the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. These damages are based on the notion that a railroad is responsible for the death or injury due to its negligence or a violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the injury or death was caused in total or in part by the negligence of the railroad. FELA cases have improved tort law by setting precedents for issues like emotional distress on the railroad, damages distribution and working conditions standards. FELA claims, in particular, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe and secure work environment for its employees. This includes off-site places such as private hotels, where railroad workers may be able to stay when on business. The right railroad attorney can assist a railroad worker get the full benefits to which he or she is entitled under FELA. FELA Vs. railroad injury fela lawyer If a worker is injured on the job, he or she can file for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in some important ways. Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and 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 a jury trial, and get their case decided by a panel of their peers rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA also does not limit the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you has been injured by a railroad employee, it is important that you speak with a knowledgeable FELA lawyers. To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're here to help you get the most benefits from FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our lawyers also operate on a contingency fee which means that you don't pay unless we win your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. In contrast to workers compensation, which provide an amount that is fixed regardless of who is at fault for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits and suffering and pain. Workers compensation, on contrary, provides only temporary medical treatment and a fixed amount of money to cover long-term disability that is often less than the amount the worker is losing. The FELA law is applicable to railroads involved in global or interstate commerce. It permits injured employees, as well as their families, to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a good place to start your research. It provides links to various online resources on the Villanova Law Library's website. Access to certain resources may require an account password. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. You should consult with an attorney should you require additional assistance. Many workers are unaware that FELA is a unique piece of legislation that provides specific protections to railroad employees. Many people mistakenly believe that FELA is like state workers' compensation laws however they aren't. Railroad workers who have been injured must be aware of the differences between these two types of claims in order to obtain the best possible representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured understanding the various types of damages available to them. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for advice.