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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured on the job, they face particular legal challenges. Unlike most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). To win a FELA claim railroad workers must demonstrate two things. The first is that the injury occurred as a result of their employer's negligence. fela lawyer . 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 variety of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of private and public jobs. 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 where the cases are decided. FELA was enacted because the risk of injury to railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of accident on the job. In order to receive compensation under FELA workers must prove that their employer violated the federal law or regulation relating to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. FELA also offers compensation for pain and suffering, which are not covered by workers' comp. In contrast to claims for workers' compensation that are typically limited based on the type of injury sustained, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment living. The difference between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the company was at least partially responsible for the injury. If a worker is determined to be the cause of their injuries the amount of their injuries could be reduced. If a worker gets hurt because they were told to follow company policy, and the company was held 50% responsible, for example, then the company may be held at 50% accountable. Workers' compensation cases require 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, however, in a workers' compensation claim the statute of limitations is 1 year. It is therefore crucial to speak with an FELA lawyer experienced in the earliest time you can after the injury. FELA vs. State Law If a railroad employee is injured at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires evidence that the railroad was negligent and that negligence was responsible for the injury of the worker. The FELA law, which was enacted in 1908, is designed to compensate railroad workers who have suffered injuries because of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need to provide railroad workers with extensive coverage that is greater than the workers' compensation laws. In general it is the case that an FELA claim must be filed in a 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 his employer was liable for the FELA. Similar to workers compensation and workers' compensation, a FELA claim provides the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that a railroad is responsible for the death or injury because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the injury or death was a result of the whole or in part because of the negligence of the railroad. FELA cases have benefited tort law by establishing precedents for issues like emotional distress on the railroad as well as damages distribution and working conditions requirements. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that their employees are provided with a safe workplace. This includes off-site places like private hotels where railroad employees can stay when traveling for business. A good railroad attorney can assist a railroad worker obtain the full benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury while working, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However, they are different in a number of important ways. In contrast to workers' compensation, which allows workers to file without proving that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused 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 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 ruled by a group consisting of their peers, rather than the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be granted to an injured worker while workers' compensation claims limit damages in accordance with a set schedule. The distinction between these two statutes is crucial to understand, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or a loved one has been injured as a railroad employee, it is important to consult with a knowledgeable FELA lawyers. Grossman Law Offices can help you learn more about the differences between the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We are ready to help you get the most benefits from FELA. To find 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 free consultations, and are available via telephone or in person to discuss your case. Our attorneys work on a contingent basis, which means that you won't be charged unless we succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation which is a fixed amount regardless of the fault, FELA cases will be decided by juries on the basis of the concept 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 suffering and pain. Workers compensation, on contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disabilities that is often less than the amount the worker is losing. 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 employer for damages resulting directly from the company's negligence. This LibGuide is a great place to start your research. It includes links to various online resources available on the Villanova Law Library's website. Access to certain resources might require the use of a password. This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be construed as legal advice. Please consult an attorney if you need assistance. Many people do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. Many people mistakenly believe that FELA is comparable to state laws on workers' compensation however they aren't. Railroad workers who have been injured should be aware of the differences between these two kinds of claims to receive the most effective representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad employee to comprehend the various types 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 are a railroad worker who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.