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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they suffer injuries at work. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. In order to prevail in a FELA claim railroad workers must prove two things. First, that the injury occurred as a result of the negligence of their employer. FELA Vs. Workers' Compensation Workers comp and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of jobs in the private and public sectors. FELA and workers' compensation also differ in regards to who decides 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 railroads This is the reason FELA was passed in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an injury while working. In order to be compensated under FELA workers must prove that their employer has violated any federal law or regulation that pertains to safety in the workplace. Examples include violations 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 that aren't covered by workers compensation, such as 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, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life. The main difference between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must prove that the company was at the very least partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their injuries could be reduced. If a worker is injured because they were 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 cases have shorter timeframes to submit an claim. In the case of a FELA case the statute of limitation is three years from date of your injury, however, in a workers' compensation case, the statute of limitations is one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury. FELA vs. State Law If a railroad worker gets injured while working the worker can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore, a successful FELA claim requires proof that railroad negligence was at play and that negligence was responsible for the injury of the worker. The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have been injured because of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation. In general the majority of cases, an FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. fela lawsuits involved a railroad worker who claimed that his employer was liable for FELA. FELA claims are similar to workers' compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the death or injury because of its negligence or in violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused partially or completely due to such negligence. FELA cases have benefited tort law by setting precedent for issues such as emotional distress in the railroad, damages distribution and working condition standards. FELA claims specifically, have brought federal attention to the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site places such as hotels owned by private individuals where railroad employees may stay to work. A good railroad attorney can assist a railroad worker receive the full benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However, they are different in some important ways. In contrast to workers' compensation, which allows employees file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated 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 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 panel of their peers, and not the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be awarded to an injured worker, while workers compensation claims limit damages based on a pre-determined schedule. The difference between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and have to pursue their cases through FELA. If you or someone close to you was injured as an employee of a railroad it is crucial that you speak with experienced FELA lawyers. To find out more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We are ready to help you obtain the maximum benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or in person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay unless we succeed in your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injury claims. In contrast to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses as well as lost wages (including future earning potential), death benefits, as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disability that is often less than what an individual loses. The FELA law is applicable to railroads involved in interstate or global commerce. 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 good 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 as a study aid for Villanova Law students. Nothing in this guide should be taken as legal advice. If you need more assistance you should consult an attorney. Many workers are unaware that FELA is a distinct piece of legislation that grants special protections to railroad workers. Many people believe that FELA is similar to state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the differences between these two types of claims to get the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured understanding the various types of damages they can claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured on the job, consult an attorney from a firm that is Designated Legal Counsel.