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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured at work. 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). In order to prevail in a FELA claim railroad workers must be able to prove two things. First, the injury must be the result of the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work, these two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of private and public sector jobs. FELA and workers' compensation are also different in terms of who determines fault, how damages are awarded and where cases are decided. FELA was enacted because the risk of injury for 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 be compensated under FELA the worker must prove that their employer has violated the federal law or regulation that relates to safety in the workplace. Examples include a violation 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' compensation. Unlike a workers' compensation claim, which is usually capped at an amount based upon the severity of injuries however, the FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life. A distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker is found to be the cause of their injuries the amount of their injuries could be reduced. For instance, if a worker was instructed to do something that was in violation of company policy and suffered injuries as a result, the company could be held 50% responsible for their injuries. Workers' compensation cases have an earlier time frame to file a claim. In a FELA case the statute of limitations is 3 years from the date of your injury, when in the case of workers' compensation, the statute of limitations is one year. Therefore, it is important to speak with a FELA lawyer who has experience as soon as you can following your injury. FELA in vs. State Law If a railroad worker gets injured while working and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the injuries suffered by the worker. The FELA legislation, which was passed in 1908, was designed to provide compensation for railroad workers who are injured because of the nature of their job. Prior to the enactment of this law, railroad employee death and injury rates were high. This sparked the need to offer railroad workers a comprehensive coverage, which exceeds the workers' compensation laws. In general the majority of cases, the majority of FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA. FELA claims are similar to claims for workers compensation claims in that they cover lost wages, medical costs as well as pain and suffering damages. These damages are based on 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. A FELA claimant must also prove that the injury, or death was caused partially or completely due to such negligence. FELA cases have helped improve tort law by creating precedent for issues such as railroad emotional distress, damages distribution and working conditions requirements. FELA claims particularly, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site locations such as private hotels, where railroad employees can stay while on business. Railroad attorneys can help a railroad worker who has been injured to receive the full benefits he or can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while on the job then he or she may file for workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, like medical coverage, financial payments and loss of future earnings however, they differ in significant ways. Contrary to workers' compensation which allows employees to file without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that led to their injuries. 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 a workers' compensation claim due to the fact that the evidence of negligence must be provided. Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and get their case decided by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. In addition, FELA does not put any limit on the amount of compensation that could be awarded to an injured worker and workers' compensation claims limit damages in accordance with a set schedule. The difference between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or a loved one has been injured as an employee of a railroad, it is important to consult with a knowledgeable FELA lawyers. Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us today to speak to a lawyer. We're ready to assist you obtain the maximum benefits available under FELA. Click here to go to the National Division BLET's website to locate a qualified 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 phone or person to discuss your case. Our attorneys are on a contingency basis, meaning that you will not be charged unless you prevail. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers' compensation, which pays an amount that is fixed regardless of the cause, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. fela lawsuit settlements provides medical expenses, lost wages (including future earning potential) as well as death benefits along with suffering and pain. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually falls far short of covering the actual losses of a worker. The FELA law is applicable to railroads involved in international or global trade. It permits injured employees and their families, to sue their employers for damages resulting directly from the negligence of the company. This LibGuide provides a starting point for further research on this subject. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access. This LibGuide is designed to be an aid to study for Villanova law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney should you require additional assistance. Many workers do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Injured railroad workers should be familiar with the differences between these two types of claims to receive the most effective representation. In the event of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad worker to understand the various kinds of damages available for their claim. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured on the job, consult a firm of Designated Legal Counsel.