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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they face particular legal challenges. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To win a FELA case railroad workers must prove two things. First, the injury must have been caused by their employer's negligence. Workers' Compensation vs. FELA Workers comp and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However they differ in a few ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of private and public sector jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded, and the manner in which and where the cases are decided. FELA was passed because the danger of injury for railroad workers is 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 receive compensation under FELA the worker must prove the employer violated a federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also provides compensation for suffering and pain that are not covered by workers' compensation. In contrast to claims for workers' compensation which are usually capped based on the injuries suffered, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living. A distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker's injury is determined to be their fault their damages can be reduced. For instance in the event that an employee was directed to do something against company policy and they were injured in the process the company could be held 50% responsible for their injuries. Workers' compensation cases require an earlier time frame to file a claim. In a FELA claim, the statute is three years from when your injury occurred, while in a workers' compensation case, it is one year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can after the injury. FELA vs. State Law If a railroad employee is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus the successful FELA claim requires evidence that railroad negligence was at play and that negligence played a role in causing the worker's injury. The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who have suffered injuries because of their job. Before the enactment this law, railroad worker accident and death rates were high. This resulted in the need for a comprehensive coverage that goes beyond workers' compensation laws. In general it is the case that an FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA. Similar to workers compensation, a FELA claim provides the injured worker with lost wages, medical expenses and damages for pain and suffering. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. click through the next page must show that the injury, or death was caused partially or in totality due to the negligence. FELA cases have improved tort law through the creation of precedents for issues such emotional distress in the railroad and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its workers are protected in their workplace. This includes off-site locations like hotels that private parties use where a railroad's workers might stay for business purposes. A railroad attorney can help those who have suffered injuries to obtain the full benefits is entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured while on the job then he or she may apply for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including financial compensation and medical coverage. However they differ in important ways. In contrast to workers' compensation which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law of the federal government that caused their injury. This includes laws like 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 workers' compensation claims due to the fact that the evidence of negligence has to be presented. Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of peers rather than the administrative authority that oversees workers compensation claims. FELA does not also limit the amount of compensation an injured worker could receive, while workers' compensation claims do. The difference between the two statutes is crucial to be aware of, especially for railroad employees who are exempt from 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 experienced FELA attorneys. Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to a lawyer. We're here to help you receive the best benefits under FELA. Click here to go to the National Division BLET's website to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your case by telephone or in person. Our lawyers also work on a contingency basis which means that you don't pay unless we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers compensation, which offers an amount that is fixed regardless of who was responsible for the incident, 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) as well as death benefits as well as pain and suffering. Workers compensation, on other hand, offers only temporary medical care and a fixed amount of money to cover long-term disability which is usually less than what a worker has lost. The FELA law applies to railroads that operate in interstate or international commerce, and permits injured employees and their families to bring a lawsuit against their employer for any damages resulting from the company's negligence. This LibGuide is a good place to start your research. It includes links to various online resources available on the Villanova Law Library's website. Access to some of these resources may require an account password. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to provide legal advice. You should consult with an attorney should you require assistance. Many workers are unaware that FELA offers railroad workers specialized protections. Many people believe that FELA is comparable to state laws on workers' compensation but they're not. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they can get the most effective representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or injured understanding the different types damages that they are entitled to. The person who has been injured will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for advice.