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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face unique legal issues. Contrary to the majority of workers' compensation laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA claim, railroad workers must prove two things. First, they must prove that the injury occurred as a result of the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and how and where the cases are decided. FELA was enacted because the danger of injury for railroad workers is very high. Congress passed the law to protect family members and employees in the event of being injured on the job. In order to receive compensation under FELA, the worker must prove that their employer has violated the federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, a FELA can seek compensation for non-economic losses like emotional distress or loss of enjoyment living. Another difference between FELA and workers' compensation is that in order to be eligible for 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 could be reduced. If a worker is injured because they were told to do something against company policy, and the company was found to be 50% accountable, for example, then the company may be held 50% responsible. Workers' compensation cases have an earlier time frame to submit claims. In the case of a FELA claim, the statute of limitation is three years from the date your injury occurred, while in a workers' comp case, it's only one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law If a railroad employee gets injured while at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent and that the negligence resulted in the injuries suffered by the worker. The FELA, which was passed in 1908, was designed to compensate railroad workers who have suffered injuries due to the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds 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. For example the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was responsible under the FELA. FELA claims are similar to workers compensation claims in that they compensate for lost wages, medical expenses, and pain and suffering damages. These damages are based on the fact that the railroad was responsible for the injury or death because of its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the injury or death was caused in whole or in part due to such negligence. FELA cases have improved tort law through the creation of precedents for issues like emotional distress in the railroad and damages allocation, as well as working conditions standards. FELA claims specifically have sparked national attention to the obligation of a non-delegable employer to provide a safe work environment for its workers. This includes off-site places such as private hotels in which railroad workers may stay while traveling for business purposes. Railroad attorneys can help those who have suffered injuries to obtain the full benefits he or she is eligible for under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker sustains an injury on the job, they may file for workers compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payouts, and future earnings loss but they differ in important ways. Contrary to workers' compensation which permits employees to file without proving that the 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. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of peers, not the administrative authority who oversees workers compensation claims. FELA also does not limit the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do. It is important to know the difference between these two laws, especially for railroad workers who aren't covered by state workers' compensation laws. They have to pursue their cases under FELA. If you or someone close to you was injured as a railroad employee it is crucial that you speak with a knowledgeable FELA lawyers. Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We're ready to assist you receive the best benefits available under FELA. To find a qualified 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 able to discuss your case over the phone or in person. Our attorneys are on a contingency basis, meaning you will not be charged unless you win. fela claims against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injury claims. Unlike workers' comp which provides a fixed amount regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover the true costs of a worker. 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 resulting directly from the company's negligence. This LibGuide is a good starting point for research on this topic. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources might require the use of a password. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be taken as legal advice. Please consult an attorney if you require assistance. Many workers do not realize that FELA is a unique piece of legislation that grants specialized protections to railroad employees. Many people believe that FELA is comparable to state workers' compensation laws, but they are not. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive 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 employee to understand the different types of damages that they can claim in their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you're a railroad employee injured on the job, consult an attorney from a firm that is Designated Legal Counsel.