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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured at work. Railroad workers, unlike other workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. To prevail in fela attorneys must prove two things. First, they must prove that the injury occurred as a result of negligence by their employer. FELA Vs. Workers' Compensation Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However they differ in a few ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA and workers' compensation differ in terms of who determines the fault and how damages are determined and where cases are decided. FELA was passed because the risk of injury for railroad workers is very high. Congress passed this law to protect workers, their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA workers must prove that their employer violated a federal statute or regulation that pertains to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based upon the severity of injuries however, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment of 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 has to prove that the employer was at very least partially responsible for the injury. If a worker is determined to be responsible for their injury, the amount of their damages could be reduced. For instance in the event that a worker was instructed to do something against company policy and they were hurt as a result, the company could be held 50% accountable for their injuries. Workers' compensation requires an earlier filing time for an claim than a FELA case. In a FELA claim, the statute is three years from when the injury occurred, but in a workers' comp case, it's one year. This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury. FELA Vs. State Law When a railroad worker is injured on the job the worker can make a claim under workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of fault, FELA is a statute of liability. Consequently an effective FELA claim requires proof that the railroad was negligent and that the negligence contributed to causing the worker's injury. The FELA, which was passed in 1908, was enacted to compensate railroad employees who have been injured because of their work. Prior to the passage of this law, injury and death rates among railroad workers were quite high. This led to the need for comprehensive coverage 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 court. For example, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA. Like workers' compensation as well, like workers' compensation, a FELA claim provides the injured worker with lost wages and medical expenses as well as the cost of suffering. The basis for these damages is the fact that the railroad was liable 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 the FELA claimant must show that the death or injury was caused in total or in part due to the negligence. FELA cases have helped improve tort law by setting precedents for issues like emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims particularly, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site locations like private hotels where railroad workers may stay while on business. A good railroad attorney can help an injured railroad worker receive the full amount of benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker sustains an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, monetary payments and loss of future earnings however, they differ in significant ways. Contrary 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 rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration 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 the evidence of negligence must be proven. FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, not the administrative authority overseeing workers compensation claims. FELA does not restrict the amount of compensation an injured worker can receive, whereas workers' compensation claims do. The distinction between these two statutes is important to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone close to you was injured as an employee of a railroad it is essential to speak with experienced FELA lawyers. Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're here to help you receive the best benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our lawyers also work on a contingency basis, which means you don't pay unless we win your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which offers the same amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on 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 and suffering and pain. Workers compensation, on contrary, provides temporary medical care and a fixed amount of money to cover long-term disabilities that is often less than what the worker is losing. The FELA law applies to railroads operating in interstate or international commerce, and permits injured employees and their families to bring an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a great place to begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources may require the use of a 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 require more help, please consult an attorney. Many people do not realize that FELA is a distinct piece of legislation that grants special protections to railroad workers. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order that they receive the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.