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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured while on the job. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. fela railroad settlements is known as the Federal Employers' Liability Act. To win a FELA case, railroad workers need to prove two things. First, the injury must be the 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, these two laws differ in a number of ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs within the private and public sectors. 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 where cases are heard. The risk of being injured is high for people working on the railroad, which is why FELA was adopted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury on the job. In order to be compensated under FELA the worker must show the employer violated any federal law or regulation related to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Contrary to claims under workers' compensation, which are generally limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages, such as emotional distress or loss of enjoyment living. Another distinction between FELA and workers compensation is that in order to receive compensation under FELA, the worker must prove that the company was at a minimum partially responsible for their injuries. If a worker's injury is determined to be the fault of the company their damages can be reduced. If a worker gets hurt because they were told to violate company policy and the company was held 50% accountable for the incident, then the company could be held 50% responsible. Workers' compensation has a faster timeline for filing claims than the FELA case. In a FELA case, the statute of limitations is three years from date of your injury, however, in a workers' compensation claim the statute of limitations is one year. This is why it is important to contact an experienced FELA lawyer as soon as possible after your injury. FELA vs. State Law If a worker on the railroad is injured while working, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore an effective FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury of the worker. The FELA was passed 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 employees were very high. This led to the need for a comprehensive coverage that goes beyond workers' compensation laws. In general the majority of cases, a FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA. FELA claims are similar to claims for workers' compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or a violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the injury or death was caused in whole or in part by such negligence. FELA cases have improved tort law through the establishment of precedents for issues like emotional distress in the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site places such as private hotels where railroad employees may stay to work. The right railroad attorney can help 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 a worker sustains an injury while working, they may file for workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, monetary payments and loss of future earnings however, they differ in significant ways. Contrary to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer did not comply with a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration 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 must be provided. In addition, FELA cases allow injured railroad workers to take their case to a jury trial and be ruled on by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be given to injured workers, while workers' compensation claims limit damage awards according to a pre-determined timetable. The distinction between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers. Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with an attorney. We are ready to help you receive the best benefits from FELA. Click here to visit the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your situation by telephone or in person. Our lawyers are on a contingency basis, meaning that you won't be charged unless we prevail. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers in injury claims. Unlike workers' comp which is an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Workers compensation, on the other hand, offers only temporary medical care and a fixed amount of money to cover long-term disability that is often less than what a worker has lost. The FELA law is applicable to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employers for damages directly caused by the company's negligence. This LibGuide is a good place to begin your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to some of these resources may require the use of a password. This LibGuide is intended to serve as an aid to study for Villanova law students. Nothing in this guide should be construed as legal advice. If you require further assistance you should consult an attorney. Many workers do not realize that FELA is a unique piece of legislation that offers special protections to railroad workers. Although many believe that FELA and state laws on workers' compensation are alike however, they are quite different. Railroad workers injured in an accident should be familiar with the distinctions between these two kinds of claims to receive the most effective 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 understand the different types of damages available for their claim. The injured worker will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.