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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they are injured while on the job. Contrary to the majority of 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 have been caused by their employer's negligence. FELA vs. Workers' Compensation Workers compensation and FELA are both designed to pay employees who suffer from 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 wide range of public and private jobs. FELA and workers' compensation differ in the way they determine fault, how damages are awarded, and where and how cases are decided. The risk of injury is a high risk for workers on railroads This is the reason FELA was adopted in 1908. Congress passed the law to protect workers and their families in the event that they are injured while working. To receive compensation under FELA the worker must prove their employer violated the federal law or regulation relating to workplace safety. Examples include violations 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' comp. Contrary to claims under workers' compensation, which are generally restricted based on the injury suffered, a FELA can seek compensation for noneconomic damages like 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 has to prove that the company was at very least partially responsible for the injury. If an injury suffered by a worker is found to be their fault their damages can be reduced. If a worker gets hurt due to being 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 has a faster timeline for filing claims than a FELA case. In a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' comp case, it is one year. This is the reason it is essential to speak with an experienced FELA lawyer immediately following your injury. FELA Vs. State Law When a railroad worker is injured on the job, he or she may submit a claim for compensation under 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. Thus an effective FELA claim requires proof that the railroad was negligent and that the negligence played a role in the injury to the worker. The FELA was passed in 1908 and is intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were extremely high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. FELA claims can be filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was responsible under the FELA. Like workers' compensation, a FELA claim compensates the injured worker with wages lost as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was liable for the death or injury due to its negligence or a violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death, was caused in part or in totality due to the negligence. FELA cases have improved tort law through the establishment of precedents in areas such as a railroad emotional distress and damages allocation, as well as 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 facilities such as private hotels, where railroad employees can be able to stay when on business. An experienced attorney for railroads can assist an injured railroad worker receive the full benefits that he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If an employee is injured on the job, he or she can file for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, monetary payments and loss of future earnings but they differ in important ways. Unlike workers' compensation, which allows workers to file without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that caused their injuries. 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 workers' compensation claims due to the fact that evidence of negligence must be provided. FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, and not the authority that oversees administrative workers compensation claims. Additionally, FELA does not put an upper limit on the amount of compensation that could be given to injured workers while workers compensation claims limit damages according to a pre-determined timetable. It is essential to understand the difference between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or a loved one has been injured by a railroad employee it is crucial to speak with a professional FELA lawyers. To learn more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits under FELA. Click here to visit the National Division BLET's website to locate a certified 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 available via telephone or in person to discuss your case. Our lawyers are on a contingent basis, meaning that you will not be charged until we succeed. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In fela settlements to workers compensation, which provide an amount that is fixed regardless of who is responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses and lost wages (including future earning potential), death benefits, as well as suffering and pain. 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 what the worker is losing. The FELA law applies to railroads involved in international or global trade. It allows injured employees and their families, to sue their employers for damages directly caused by the company's negligence. This LibGuide offers a base to research this issue. It includes links to various online resources available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you require more help, please consult an attorney. Many people do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. While many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers who have been injured should be aware of the distinctions between these two kinds of claims to receive the most effective representation. In the case of an injury, a qualified lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages that are available to their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad employee who was injured while on the job, call a Designated Legal Counsel (DLC) firm for guidance.