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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues 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 prevail in a FELA case, railroad workers need to prove two things. First the injury must be proven to be the result of the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work, these two laws differ in a variety of ways. FELA is only applicable to railroad workers while workers' compensation applies to a broad range of jobs within the public and private sectors. FELA and workers' compensation also differ in terms of who determines the fault, how damages are awarded and the manner in which cases are decided. FELA was enacted because the risk of injury to railroad workers is high. Congress passed the law to protect the families of workers in the event of being injured while working. In order to receive compensation under FELA workers must prove that their employer has violated the federal law or regulation that pertains to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also offers compensation for suffering and pain that are not covered by workers' comp. Contrary to claims under workers' compensation which are usually capped based on the injuries suffered, a FELA can claim compensation for non-economic damages, such as emotional distress or loss of enjoyment of living. A difference between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must prove that the employer was at minimum partially responsible for the injury. If a worker is determined to be at fault for their injury, the amount of their damages may be reduced. If a worker is injured because they were told to violate company policy and the company is held 50% accountable for instance, the company could be held 50% responsible. Workers' compensation cases require shorter timeframes to submit claims. In a FELA case the statute of limitation is three years from date of your injury, while in a workers' compensation case the statute of limitation is 1 year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury. FELA in vs. State Law If a railroad worker gets injured while working and suffers an injury, they can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the injuries suffered by the worker. The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the passing of this law, death and injury rates among railroad employees were extremely high. This led to the need provide railroad employees with extensive coverage that is greater than workers' compensation law. In general, an FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. For instance 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 in that they provide the loss of wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury because of its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence. FELA cases have improved tort law by establishing precedents for issues like emotional distress in the railroad, damages distribution and working conditions requirements. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that their employees are protected in their workplace. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might stay while traveling for business purposes. The right railroad attorney can assist a railroad worker receive the full benefits that they are entitled to under FELA. FELA Vs. State Workers' Compensation Laws If workers are injured while working and suffers an injury on the job, they can file for workers compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, such as medical coverage, cash payouts and loss of future earnings but they differ in important ways. Unlike workers' comp which allows employees to file without proving that their employer was responsible 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. It is more difficult to win a FELA case than a workers' compensation claim due to the fact that evidence of negligence must be proven. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a panel of their colleagues rather than the administrative authority that oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker can receive, while workers' compensation claims do. It is important to know the distinction between these two statutes, particularly for railroad employees who aren't covered under state laws on workers' compensation. They have to take their cases to FELA. If you or someone you love was injured on the job as a railroad worker, it is important to talk with a professional 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 here to help you obtain the maximum benefits under FELA. Click here to go to the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case over the 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 against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the accident, 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, lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on the contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disability which is usually less than the amount a worker has lost. The FELA law applies to railroads that participate in interstate or global commerce. It permits injured employees and their families, to sue their employers for damages directly resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. fela settlements provides links to a variety of online resources on the Villanova Law Library's website. Access to certain resources may require the use of a password. This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. If you require more help seek advice from an attorney. Many people do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. Many people believe that FELA is like state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order they can receive the best representation. A lawyer with experience can help the family of a railroad worker who has passed away or the injured employee in understanding the different types damages they can claim. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.