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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured on the job. Railroad employees, unlike most 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 prove two things. The first is that the injury occurred as a result of the negligence of their employer. FELA vs. Workers' Compensation While workers' compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a variety of private and public sector jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and how and when cases are heard. The risk of being injured is very high for those working on railroads, which is why FELA was adopted in 1908. Congress passed the law to protect family members and employees in the event that they are injured while working. To receive compensation under FELA the worker must prove their employer has violated a federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. FELA also offers compensation for suffering and pain, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is usually restricted to a maximum amount based on injuries, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another distinction between FELA and workers compensation is that in order to receive compensation under FELA, the worker must prove that the employer was at least partly responsible for their injury. If a worker is determined to be responsible for their injuries the amount of damages could be reduced. If a worker is injured due to being told to violate company policy, and the company is held 50% responsible for instance, the company could be held 50% responsible. Workers' compensation cases require an earlier time frame to submit claims. In a FELA case, the statute of limitations is three years from the date of your injury however, in a workers' compensation case, the statute of limitations is one year. Therefore, it is important to speak with an FELA lawyer experienced in the earliest time you can after the injury. FELA Vs. State Law When a railroad worker is injured while working the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that 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 the injuries suffered by the worker. The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who are injured due to the nature of their job. Prior to the passage of this law, the death and injury rates among railroad employees were very high. This resulted in the need for a comprehensive insurance that went beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. FELA claims can be filed in state court. For example the case that was recently heard in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation claims in that they provide the loss of wages, medical expenses as well as pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the death or injury because of its negligence or a violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the injury or death was caused in whole or in part due to such negligence. fela accident attorney have benefited tort law by setting precedents for issues like railroad emotional distress as well as damages distribution and working condition standards. FELA claims, in particular have drawn national attention to an employer's obligation to provide a safe and secure work environment for its workers. This includes off-site places like hotels that are private, where railroad workers may be able to stay when on business. Railroad attorneys can help the railroad worker who has suffered injuries to obtain the full benefits he or can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If an employee is injured on the job, he or she can file for workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits such as financial compensation and medical coverage. However, they are different in some important ways. Unlike workers' comp, which allows employees 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, because evidence of negligence must be presented. FELA allows railroad workers who are injured to have their cases ruled by a group consisting of their peers, rather than the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put a cap on the amount of compensation that could be granted to an injured worker, while workers' compensation claims limit damages based on a pre-determined schedule. The difference between these two statutes is crucial to understand, especially for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love has been injured by a railroad employee, it is important to speak with experienced FELA lawyers. To learn more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits that are available under FELA. Click here to go to 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 offer free consultations, and are available via phone or in person to discuss your case. Our lawyers are on a contingent basis, which means that you will not be charged unless you succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike 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 comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits along with suffering and pain. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to 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 families to file an action against their employer for damages resulting from the negligence of the company. This LibGuide is a good starting point to research this issue. The LibGuide includes links to online resources on the Villanova Law Library website. Some of these resources require a password to access. This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to be legal advice. If you require more help you should consult an attorney. Many people are unaware that FELA provides railroad employees with specific protections. Many people believe that FELA is like state workers' compensation laws however they aren't. Railroad workers who have been injured must be aware of the differences between the two types of claims so that they can get the best representation. In the event of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.