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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face unique legal issues. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act. In order to prevail in a FELA claim railroad workers must demonstrate two things. First the injury must have been caused by the negligence of their employer. FELA vs. Workers' Compensation While workers' compensation and FELA both attempt to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of private and public sector jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard. The risk of being injured is high for people working on railroads and that's why FELA was adopted in 1908. fela case settlements passed the law to protect family members and employees in the event they were injured on the job. In order to be compensated under FELA workers must prove that their employer violated the 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 the past and future loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. Unlike a workers' compensation claim, which is generally limited to a certain amount based upon the severity of injuries, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life. Another distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA, the worker must prove that the employer was at a minimum partially responsible for their injury. If a worker is determined to be at fault for their injuries, the amount of their injuries could be reduced. If a worker gets hurt because they were instructed to follow company policy and the company was held 50% responsible for the incident, then the company may be held at 50% accountable. Workers' compensation is a faster timeline for filing claims than the FELA case. In the case of a FELA claim, the statute is three years from the date the injury occurred, but in a workers' comp case, it is one year. Therefore, it is important to speak with an FELA lawyer experienced in the earliest time you can following your injury. FELA in vs. State Law If a railroad worker gets injured while working, he or she may file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in injuries to the worker. The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad worker accident and death rates were high. This led to the need provide railroad employees with complete coverage, which is higher than workers' compensation law. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA. Similar to workers' compensation as well, the FELA claim provides the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death, was caused in part or in totality due to the negligence. FELA cases have improved tort law by creating precedents for issues like railroad emotional distress and damages distribution as well as working condition standards. FELA claims, in particular have drawn national attention to the issue of a non-delegable employer's duty to provide a safe working environment for its employees. This includes off-site places like private hotels where railroad employees can stay when traveling for business. The right railroad attorney can assist an injured railroad worker receive the full amount of benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If an employee is injured while working then he or she may apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits such as medical coverage and monetary payouts. However, they are different in a number of important ways. In contrast to workers' compensation, which allows employees to file without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims as evidence of negligence is required. FELA allows railroad workers injured by a crash to have their cases considered by a panel of their peers, rather than the administrative authority overseeing workers compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, whereas workers' compensation claims do. It is crucial to understand the distinction between these two laws, especially for railroad employees who aren't covered by state workers' compensation laws. They are required to pursue their cases under FELA. If you or someone you love was injured on the job as a railroad worker, it is crucial to speak with experienced FELA attorneys. Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're here to help you receive the best benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and 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 unless we succeed in your case. 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 provide a fixed amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually does not cover the true costs of a worker. The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide is a good place to start 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 intended to serve as a study supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. If you require further assistance, please consult an attorney. Many workers do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. While many believe that FELA and state laws on workers' compensation are the same, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive the best representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad employee who was injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.