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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries while on the job. Contrary to the majority of workers insurance laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). 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. Workers' Compensation vs. FELA While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of private and public jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded, and the manner in which and where cases are heard. The risk of injury is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed the law to protect the families of workers in the event of being injured on the job. To receive compensation under FELA the worker must prove that their employer 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' comp. Contrary to a workers' comp claim, which is usually capped at an amount based on injuries however, an FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment of life. The distinction between FELA compensation and workers compensation is that in order to receive compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If a worker's injury is determined to be their fault, their damages could be reduced. For example when a worker was instructed to do something that was against company policy and they were hurt as a result the company could be held 50 percent responsible for their injuries. Workers' compensation cases require an earlier time frame to submit a claim. In a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' compensation case, it's only one year. This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury. FELA Vs. State Law If a railroad worker is injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker. The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have been injured because of the nature of their job. Prior to the enactment of this law, railroad employee death and injury rates were high. This led to the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation laws. In general the majority of cases, the majority of FELA claim is filed in federal court because the FELA is a federal law. However, FELA claims are sometimes 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 FELA. FELA claims are similar to workers compensation in that they provide lost wages, medical expenses, and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the death or injury because of its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death was caused in part or in totality due to the negligence. FELA cases improved tort law through the establishment of precedents in areas such as emotional distress in the railroad and damages allocation, as well as working conditions standards. In particular, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site locations like hotels that are private, which railroad employees may be able to stay when on business. Railroad attorneys can help the railroad worker who has suffered injuries to obtain the full benefits is entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, such as medical coverage, financial payouts, and future earnings loss, they differ in important ways. Unlike workers' compensation, which allows employees to file without proving their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence must be presented. FELA allows injured railroad workers to have their cases considered by a committee of their peers, not the administrative authority responsible for deciding workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be awarded to an injured worker and workers compensation claims limit damages based on a pre-determined schedule. The distinction between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you know has been injured while working as a railroad worker, it is crucial to speak with experienced FELA lawyers. Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with an attorney. We're ready to assist you receive the best benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed 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 situation by phone or in person. Our lawyers also operate on a contingency fee, which means you don't pay unless we win your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injury claims. Unlike workers' compensation, which provides the same amount of benefits regardless of who was at fault for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. fela settlements covers medical expenses, lost wages (including future earning potential) and death benefits as well as pain and suffering. Workers compensation, on the other hand, offers only temporary medical care and a set amount of money to cover long-term disability which is usually less than the amount an individual loses. The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide provides a starting point for further research on this subject. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide was designed to aid in the study of Villanova Law students. The information contained in this guide should not be taken as legal advice. If you require further assistance you should consult an attorney. Many workers are unaware that FELA is a distinct piece of legislation that offers special protections to railroad workers. While many believe that FELA and state laws on workers' compensation are alike but they are vastly different. Railroad workers who have been injured should be aware of the distinctions between these two types of claims in order to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will allow the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.