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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured while on the job. Contrary to the majority of workers' compensation laws, railroad employees have the right 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 prove two things. First, they must prove that the injury was the result of their employer's negligence. FELA Vs. Workers' Compensation Workers comp and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However they differ in a few ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA and workers' compensation are also different in the way they determine the degree of fault and how damages are determined and the manner in which cases are handled. FELA was passed because the risk of injury for railroad workers is high. Congress passed the law to protect workers and their families in the event of being injured while on the job. To be eligible for compensation under FELA, the worker must prove that their employer has 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 past and future loss of income and medical treatment, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Contrary to a workers' comp claim, which is typically limited to a certain amount based upon the severity of injuries and other injuries, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life. The difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If the injury suffered by a worker is found to be the fault of the company, their damages could be reduced. For instance in the event that a worker was instructed to do something not in line with company policy and suffered injuries in the process the company could be held 50 percent responsible for their injuries. Workers' compensation requires a faster timeline for filing claims than a FELA case. In a FELA claim, the statute is three years from the date your injury occurred, while in a workers' compensation case, it's only one year. This is why it is crucial to consult a seasoned FELA lawyer immediately following your injury. FELA vs. State Law If a railroad employee gets injured while at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Therefore, a successful FELA claim requires proof that the railroad was negligent and that negligence was responsible for the injury to the worker. The FELA legislation, which was passed in 1908, was designed to provide compensation for railroad workers who have suffered injuries 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 provide railroad employees with extensive coverage that is greater than workers' compensation law. In general it is the case that 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 courts. For example an upcoming case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the FELA. FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death due to its negligence or a violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the death or injury was a result of the whole or in part because of such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad and damages distribution as well as working conditions standards. FELA claims specifically, have brought federal attention to the issue of an employer's obligation to provide a safe work environment for its workers. This includes off-site locations such as hotels owned by private individuals in which railroad workers may stay while traveling to work. An attorney for railroads can assist a railroad worker who has been injured receive the full benefits he or she is eligible for under FELA. FELA Vs. State Workers' Compensation Laws If an employee is injured while on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits like medical coverage and monetary payouts. However they differ in a number of important ways. Unlike workers' compensation, which allows employees to file without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional 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. This makes it more difficult to win a FELA claim than workers' compensation claims because evidence of negligence is required. FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, rather than the authority that oversees administrative workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be awarded to an injured worker, while workers compensation claims limit damage awards based on a pre-determined schedule. The distinction between the 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 love has been injured while working as a railroad employee, it is crucial to speak with a professional FELA attorneys. Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are prepared to help you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken 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 to discuss your case over the telephone or in person. Our attorneys work on a contingent basis, which means that you won't be charged unless we win. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers compensation, which provide an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In fela settlements to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually does not cover the actual losses of a worker. The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide is a good starting point to start your research. The LibGuide provides links to online resources on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to constitute legal advice. If you need more assistance you should consult an attorney. Many workers do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people mistakenly believe that FELA is like state laws on workers' compensation, but they are not. Injured railroad workers should be aware of the distinctions between these two kinds of claims to receive the most effective representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. This will enable the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for guidance.