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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries at work. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. In order to prevail in a FELA claim, railroad workers must prove two things. First, they must prove that the injury was the result of their employer's negligence. Workers' Compensation vs. FELA Workers comp and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However, they differ in a few ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a variety of jobs in both the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded and the method by which and when cases are heard. FELA was passed because the risk of injury to railroad workers is high. Congress passed the law to protect the families of workers in the event they were injured while working. In order to receive compensation under FELA, the worker must prove that their employer has violated the federal law or regulation that relates to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. FELA also provides compensation for suffering and pain, which are not covered by workers' comp. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based upon the severity of injuries, an FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another distinction between FELA and workers' compensation is that in order to get compensation under FELA the worker must prove that the employer was at a minimum partially responsible for their injury. If a worker is determined to be at fault for their injuries the amount of damages may be reduced. For instance in the event that the worker was told to do something that was in violation of company policy and were injured in the process, the company could be held 50% responsible for their injuries. Workers' compensation requires an earlier filing time for claims than a FELA case. In a FELA case, the statute of limitations is three years from the date of your injury, when in a workers' compensation claim, the statute of limitations is 1 year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after your injury. FELA vs. State Law If a railroad employee is injured while at work and is injured, they can make a claim under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws which offer benefits regardless of who was responsible 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 worker's injuries. The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad workers were extremely high. This led to the need for comprehensive coverage that goes beyond the laws governing workers' compensation. In general, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA. FELA claims are similar to claims for workers' compensation in that they compensate for the loss of wages, medical expenses and pain and suffering damages. fela law firm are based on the notion that a railroad is responsible for the death or injury due to its negligence or in violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the injury or death was caused in total or in part because of the negligence. FELA cases have influenced tort law by establishing of precedents for issues like a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims specifically, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site places such as hotels owned by private individuals in which railroad workers may stay for business reasons. A good railroad attorney can assist a railroad worker obtain the full benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker sustains an injury while working or at work, they may seek workers' compensation or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However they differ in a number of important ways. Unlike workers' comp, which allows employees claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims because evidence of negligence is required. In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a group of their peers, not the administrative authority that oversees workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be granted to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule. The distinction between these two statutes is important to understand, especially for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know has been injured while working as a railroad employee, it is important to talk with experienced FELA attorneys. To learn more about the differences 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 available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available to discuss your case over the telephone or in person. Our attorneys are on a contingency basis, meaning you will not be charged unless you succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. Unlike workers compensation, which offers the same amount of benefits regardless of who is responsible for the accident, FELA cases are 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, lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Workers' compensation, on the other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disabilities, which is often far less than what a worker has lost. The FELA law is applicable to railroads involved in global or interstate commerce. It permits injured employees and their families, to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. It provides links to various online resources on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is designed to be a study supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. Consult an attorney if you require assistance. Many workers do not realize that FELA is a distinct piece of legislation that offers specialized protections to railroad employees. Many people believe that FELA is comparable to state laws on workers' compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims in order that they can get the most effective representation. In the event 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 they can claim in their claim. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for guidance.