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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with particular legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. In order to prevail in a FELA claim railroad workers must be able to prove two things. First the injury must be proven to be the result of their employer's negligence. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However they differ in a few ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation also differ in the way they determine the fault and how damages are determined and the manner in which cases are decided. The risk of injury is high for people working on railroads and that's why FELA was adopted in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To be eligible for compensation under FELA, the worker must prove that their employer violated the federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including pain and suffering. Unlike a workers' compensation claim, which is usually limited to a certain amount based upon the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. A distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the company was at the very least partially responsible for the injury. If a worker's injury is found to be their fault their damages can be reduced. If a worker gets hurt due to being told to do something against company policy, and the company was held 50% responsible for instance, the company could be held at 50% accountable. Workers' compensation cases have shorter timeframes to make an claim. 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's only one year. Therefore, it is important to contact an FELA lawyer with experience as soon as you can after your injury. FELA in vs. State Law If a railroad worker gets injured while working the worker can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for causing the worker's injury. The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, injury and death rates among railroad workers were very high. This led to the need for a comprehensive coverage that went beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For example, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA. Like workers' compensation as well, a FELA claim is a way to provide the injured worker with lost wages and medical expenses as well as damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the death or injury was caused in whole or in part due to the negligence. FELA cases have improved tort law through the establishment of precedents for issues such emotional distress in the railroad and damages allocation, as well as working conditions standards. FELA claims, in particular have sparked national attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its workers. This includes off-site facilities like private hotels where railroad workers may stay while on business. fela railroad accident lawyer can assist a railroad worker get the full benefits to which they are entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job, injury on the job, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However they differ in important ways. Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that caused their injuries. This includes laws like the Occupational Safety and Health Administration, 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 presented. Additionally, FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a group of colleagues rather than the administrative authority that oversees workers compensation claims. FELA also does not limit the amount of compensation an injured worker can receive, whereas workers' compensation claims do. The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you know has been injured while working as a railroad employee, it is essential to speak with experienced FELA attorneys. To know more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to help you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's site to find a certified Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your situation by phone or in person. Our attorneys also operate on a contingency basis which means that you don't pay until we win your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injury claims. Contrary 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 also covers medical expenses as well as lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker. The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a great place to begin your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to certain resources might require a password. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. If you require further assistance seek advice from an attorney. Many people are unaware that FELA offers railroad workers specific protections. Many people mistakenly believe that FELA is like state workers' compensation laws however they aren't. Injured railroad workers must be aware of the distinctions between these two types of claims in order 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 employee to understand the different types of damages that they can claim in their claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.