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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they face unique legal challenges. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. To prevail in a FELA case, railroad workers need to establish two things. First the injury must be proven to be the result of the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public jobs. FELA and workers' compensation are also different in regards to who decides the fault, how damages are awarded and where cases are decided. FELA was enacted because the risk of injury for railroad workers is high. Congress passed the law to protect family members and employees in the event they were injured while on the job. To be eligible for compensation under FELA the worker must prove their employer violated a federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. fela case settlements offers compensation for suffering and pain that are not covered by workers' comp. Contrary to claims under workers' compensation which are usually limited based on the type of injury suffered, a FELA is able to seek compensation for non-economic losses like emotional stress or loss of enjoyment living. The main difference 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 least partially responsible for the injury. If an injury suffered by a worker is determined to be the fault of the company their damages can be reduced. For instance in the event that the worker was told to perform a task that was in violation of company policy and suffered injuries as a result, the company could be held 50% responsible for their injuries. Workers' compensation cases have an earlier time frame to submit claims. In the case of a FELA case the statute of limitations is three years from date of your injury when in the case of workers' compensation, the statute of limitations is one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as possible after your injury. FELA in vs. State Law If a worker on the railroad is injured on the job and suffers an injury, they can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that the railroad was negligent and that such negligence played a role in the injury to the worker. The FELA legislation, which was passed in 1908, is designed to compensate railroad employees who are injured due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were very high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws. 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 liable under the FELA. FELA claims are similar to workers compensation claims in that they cover the loss of wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the death or injury because of its negligence or in violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death was caused in part or completely due to such negligence. FELA cases have influenced tort law by establishing of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site locations like hotels that private parties use in which railroad workers may be staying for business reasons. A good railroad attorney can help an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If workers are injured on the job then he or she may file for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in some important ways. Contrary to workers' compensation which permits employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult 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 ruled by a committee of their peers, not the administrative authority overseeing workers compensation claims. FELA also does not limit the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The distinction between these two statutes is important to be aware of, 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 love was injured as a railroad employee it is essential to speak with experienced FELA lawyers. Grossman Law Offices can help you understand the differences between state workers' compensation laws and FELA. Contact us now to speak with an attorney. We're ready to assist you receive the best benefits available under FELA. Click here to visit 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 offer free consultations and are able to discuss your situation by phone or in person. Our lawyers also work on a contingency basis that means you won't pay unless we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injury claims. In contrast to workers' compensation which is a fixed amount 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 set amount of money to cover long-term disability, which is often far lower than what an individual loses. The FELA law is applicable to railroads that are involved in international or global trade. It permits injured employees and their families to sue their employer 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 on the Villanova Law Library website. Access to some of these resources may require a password. This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. If you require further assistance seek advice from an attorney. Many people do not realize that FELA is a unique piece of legislation that offers special protections to railroad workers. While many believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they receive the best representation. A lawyer with experience can help the family members of a railroad worker who has died or injured understanding the different types damages they can claim. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad worker who was injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.