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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they are faced with particular legal challenges. Unlike most 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 case railroad workers must prove two things. First the injury must be proven to have been caused by their employer's negligence. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of private and public sector jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, what damages are awarded and the method by which and where cases are heard. FELA was passed because the risk of injury to railroad workers is very high. Congress passed this law to protect workers and their families as well as themselves in the event of an injury on the job. To be eligible for compensation under FELA workers must demonstrate that their employer violated the federal law or regulation relating to safety in the workplace. 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, like suffering and pain. Unlike workers' compensation claims, which are generally capped based on the injuries suffered, a FELA can seek compensation for non-economic losses, such as emotional stress or loss of enjoyment of living. Another difference between FELA and workers' compensation is that to get compensation under FELA workers must show that the company was at least partially accountable for their injury. If a worker is found to be the cause of their injury the amount of injuries could be reduced. For instance in the event that a worker was instructed to do something in violation of company policy and were injured in the process the company could be held 50% responsible for their injuries. Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA claim, the statute of limitations is three years from the time the injury occurred, but in a workers' compensation case, it is one year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law If a railroad worker is injured while at work, he or her may pursue a claim 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. Thus the successful FELA claim requires proof that the railroad was negligent and that negligence played a role in the injury to the worker. The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This led to the need for comprehensive coverage that went beyond the workers' compensation laws. In general it is the case that an FELA claim must be filed in federal court since 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 worker who claimed that his employer was liable for FELA. Similar to workers' compensation, the FELA claim compensates the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based on the fact that a railroad was responsible for the injury or death due to its negligence or in violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the injury or death was a result of the whole or in part due to such negligence. FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims specifically, have brought federal attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site places such as private hotels where a railroad's workers might be staying for business reasons. The right railroad attorney can assist a railroad worker receive the full benefits that they are entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker sustains an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, cash payments and loss of future earnings however, they differ in significant ways. Unlike workers' compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal safety law that 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 a workers' compensation claim as evidence of negligence must be provided. FELA allows injured railroad workers to have their cases considered by a committee of their peers, rather than the authority that oversees administrative workers' compensation claims. Lastly, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker and workers compensation claims limit damages based on a pre-determined schedule. It is important to know the distinction between these two statutes, especially for railroad workers who aren't covered under state laws on workers' compensation. They must be pursuing their cases under FELA. If you or a loved one was injured as an employee of a railroad, it is important to consult with a professional FELA lawyers. To find out more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're prepared to assist you get the most benefits under FELA. Click here to visit the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). fela attorneys of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or person to discuss your case. Our attorneys also work on a contingency basis which means that you don't pay unless we win your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injuries claims. Contrary to workers' compensation which is a fixed amount regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits along with suffering and pain. Workers compensation, on the contrary, provides temporary medical treatment and a set amount of money to cover long-term disabilities which is usually less than the amount the worker is losing. The FELA law applies to railroads involved in international or global trade. It permits injured employees, as well as their families to sue their employer for damages resulting directly from the company's negligence. This LibGuide offers a base for further research on this subject. It provides links to various online resources available on the Villanova Law Library's website. Access to certain resources might require an account password. This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to be legal advice. Consult an attorney should you require assistance. Many workers are unaware that FELA offers railroad workers special protections. Although many believe that FELA and state workers' compensation laws are alike however, they are quite different. Railroad workers who have been injured should be aware of the differences between these two types of claims to get the best 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 understand the different types of damages that they can claim in their claim. This will allow the injured person to receive the maximum recovery allowed under FELA. If you are a railroad employee who was injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.