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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face unique legal issues. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). To win a FELA claim railroad workers must prove two things. First the injury must be proven to be the result of the negligence of their employer. Workers' Compensation vs. FELA While workers compensation and FELA both seek to compensate workers for work-related injuries or illnesses, these two laws differ in a variety of 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 attorneys differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and where cases are heard. The risk of being injured is high for people working on the railroad and that's why FELA was passed in 1908. Congress passed the law to protect workers and their families in the event they were injured while working. In order to receive compensation under FELA workers must prove that their employer violated any federal law or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by compensation, like suffering and pain. In contrast to claims for workers' compensation which are usually restricted based on the injury sustained, a FELA is able to claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living. A difference between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If the injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. For example in the event that the worker was told to do something in violation of company policy and suffered injuries due to the incident, the company could be held 50 percent responsible for their injuries. Workers' compensation has a faster timeline for filing a claim than a FELA case. In the case of a FELA claim, the statute is three years from the date your injury occurred, while in a workers' compensation case, it's one year. This is the reason it is essential to speak with an experienced FELA lawyer immediately following your injury. FELA Vs. State Law If a railroad worker gets injured while working, he or she may submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker. The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad workers were very high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation. 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. For instance an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was liable under the FELA. Similar to workers' compensation and workers' compensation, a FELA claim provides the injured worker with wages lost, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence. FELA cases have helped improve tort law by setting precedent for issues such as emotional distress in the railroad, damages distribution and 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 such as private hotels in which railroad workers may stay while traveling for business purposes. A good railroad attorney can assist an injured railroad worker obtain the full benefits that they are entitled to 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, including financial compensation and medical coverage. However they differ in a number of important ways. In contrast to workers' compensation, which allows workers to file without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove 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 workers' compensation claims, because the evidence of negligence has to be proven. Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a panel of their peers, not the authority in charge of administrative matters that manage workers compensation claims. FELA also does not limit the amount of damages an injured worker may receive, while workers' compensation claims do. The difference 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 someone you know has been injured while working as a railroad employee, it is important to talk with experienced FELA lawyers. Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak to an attorney. We're ready to help you maximize the benefits that are available under FELA. Click here to visit the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our attorneys also operate on a contingency basis which means that you don't pay until we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' compensation, which provides a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which usually is not enough to cover a worker's true losses. The FELA law applies to railroads that participate in international or global trade. It allows injured employees and their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good place to begin your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide is designed to be an aid to study 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 distinct piece of legislation that provides special protections to railroad workers. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure that they can get the best representation. A qualified lawyer can assist the family members of a railroad worker who has died or injured in understanding the different types damages they can claim. The injured worker will be able to receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.