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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries while on the job. In contrast to most workers insurance laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To win a FELA claim railroad workers must be able to prove two things. First, the injury must be caused by 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. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of public and private jobs. FELA and workers' compensation differ in regards to who decides the degree of fault and how damages are determined and where cases are decided. FELA was passed due to the risk of injury for railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury while working. In order to be compensated under FELA the worker must prove that their employer violated the federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) 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 that aren't covered by compensation, like suffering and pain. In contrast to a workers' compensation claim, which is usually limited to a certain amount based on the severity of injuries however, an FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. A difference between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If a worker is determined to be responsible for their injury the amount of their damages could be reduced. For instance when an employee was directed to perform a task that was against company policy and they suffered injuries due to the incident, the company could be held 50% responsible for their injuries. Workers' compensation cases have shorter timeframes to make claims. In the case of a FELA case, the statute of limitations is three years from date of your injury, while in a workers' compensation case the statute of limitation is 1 year. Therefore, it is important to speak with an FELA lawyer with experience as soon as you can following your injury. FELA vs. State Law When a railroad worker is injured on the job, he or she may file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which offer benefits regardless of who is 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 injuries suffered by the worker. The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were very high. This sparked the need to provide railroad workers with complete coverage, which is higher than the workers' compensation laws. In general it is the case that the majority of FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. fela settlements involved a railroad employee who claimed his employer was liable for the FELA. Like workers compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused in part or in totality due to the negligence. FELA cases have benefited tort law by creating precedent for issues such as railroad emotional distress as well as damages distribution and working conditions standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe working environment for its employees. This includes off-site places such as hotels owned by private individuals where a railroad's workers might be staying to work. A good railroad attorney can assist a railroad worker obtain the full benefits that he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If a worker sustains an injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However they differ in important ways. Unlike workers' compensation, which allows workers to file without proving their employer was at fault, FELA requires the injured railroad worker to prove their employer violated a federal safety law that led to their injuries. This includes laws such as 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 due to the fact that the evidence of negligence must be provided. In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and be ruled on by a panel of their colleagues rather than the administrative authority who oversees workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be given to injured workers while workers' compensation claims limit damages according to a pre-determined timetable. It is essential to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or a loved one was injured as a railroad employee, it is important to speak with experienced 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're prepared to assist you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's site to find a certified Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your case by phone or in person. Our lawyers are on a contingency basis, which means that you will not be charged unless you succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injury claims. In contrast to workers' compensation, which provides an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of 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. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering a worker's true losses. The FELA law applies to railroads that participate in international or global trade. It allows injured employees, as well as their families to sue their employers for damages resulting directly from the company's negligence. This LibGuide is a great place to begin your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to some of these resources might require an account password. This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. If you require further assistance seek advice from an attorney. Many workers are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is comparable to state workers' compensation laws but they're not. Injured railroad workers should be aware of the distinctions between these two kinds of claims to receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has died or injured in understanding the various types of damages available to them. The person who has been injured will be entitled to the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, consult an attorney from a firm that is Designated Legal Counsel.