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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured on the job. Unlike most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). In order to prevail in a FELA claim railroad workers must prove two things. First, the injury must be the result of their employer's negligence. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. Specifically, fela claims is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard. FELA was passed because the danger of injury for railroad workers is high. Congress passed the law to safeguard the families of workers in the event they were injured while working. In order to be compensated under FELA, the worker must demonstrate that their employer violated a federal statute or regulation that relates to workplace safety. 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 wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. In contrast to claims for workers' compensation which are usually restricted based on the injury suffered, a FELA can claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living. Another difference between FELA and workers compensation is that in order to receive compensation under FELA, the worker must show that the company was at least partially accountable for their injury. If a worker is found to be responsible for their injury the amount of injuries could be reduced. For instance in the event that the worker was told to do something against company policy and they were hurt due to the incident, the company could be held 50% responsible for their injuries. Workers' compensation requires an earlier filing time for a claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it's one year. It is therefore crucial to speak with a FELA lawyer who has experience as soon as you can after the injury. FELA Vs. State Law If a worker on the railroad is injured on the job the worker can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus the successful FELA claim requires proof that railroad negligence was at play and that negligence was responsible for causing the worker's injury. The FELA legislation, which was passed in 1908, was enacted to provide compensation for railroad workers who have suffered injuries because of the nature of their job. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need to provide railroad employees with extensive coverage that is greater than the workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was responsible for the FELA. Similar to workers' compensation as well, the FELA claim is a way to provide the injured worker with compensation for lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the notion that a railroad was liable for the death or injury because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the death or injury was a result of the whole or in part by the negligence. FELA cases have benefited tort law by creating precedents for issues like railroad emotional distress, damages distribution and working condition standards. Particularly, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site facilities like hotels that private parties use where railroad employees may be staying for business reasons. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits is entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If an employee is injured while working, he or she can claim workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However they differ in some important ways. Unlike workers' compensation, which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that led to their injuries. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required. Additionally, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a group of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not also limit the amount of damages an injured worker could receive, whereas workers' compensation claims do. It is important to know the distinction between these two laws, especially for railroad employees who aren't covered under state workers' compensation laws. They have to pursue their cases under FELA. If you or someone you love was injured as a railroad employee, it is important that you speak with experienced FELA lawyers. To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to assist you obtain the maximum benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by phone or in person. Our attorneys also operate on a contingency fee, which means you don't pay unless we succeed in your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp, which pays a fixed amount regardless of the cause, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Workers compensation, on contrary, provides temporary medical care and a fixed amount of money to cover long-term disabilities that is often less than what an individual loses. The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their family members to file an action against their employer to recover damages caused by the company's negligence. This LibGuide is a great place to start your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources might require a password. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to be taken as legal advice. If you need more assistance seek advice from an attorney. Many workers do not realize that FELA is a unique piece of legislation that offers special protections to railroad workers. While many believe that FELA and state workers' compensation laws are the same, they are very different. Injured railroad workers should be familiar with the distinctions between these two kinds of claims to obtain the best possible representation. A qualified lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the different types damages they can claim. The injured worker 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.