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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most workers' compensation laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To prevail in a FELA case, railroad workers need to prove two things. First, the injury must be the result of their employer's negligence. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate workers for injuries or illnesses that result from their work, these two laws differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of private and public sector jobs. FELA and workers' compensation also differ in regards to who decides the fault and how damages are determined and where cases are tried. The risk of injury is high for people working on the railroad and that's why FELA was enacted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of injury on the job. In fela settlements to be compensated under FELA the worker must demonstrate that their employer violated a federal statute or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Unlike a workers' compensation claim, which is usually capped at an amount based on injuries however, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment of life. The main difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker has to prove that the employer was at very least partially responsible for the injury. If a worker is determined to be the cause of their injuries, the amount of their damages may be reduced. For instance when an employee was directed to do something against company policy and they were hurt as a result the company could be held 50 percent responsible for their injuries. Workers' compensation is an earlier timeframe for filing an claim than the FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury while in a workers' compensation claim the statute of limitation is one year. It is therefore important to speak with an FELA lawyer with experience as soon as you can after your injury. FELA Vs. State Law If a railroad worker is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' compensation statutes that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Thus the successful FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for causing the worker's injury. The FELA law, which was enacted in 1908, is designed to compensate railroad workers who have been injured because of their work. Before the enactment this law, railroad employee death and injury rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation law. In general it is the case that the majority of FELA claim must be filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA. FELA claims are similar to claims for workers compensation claims in that they compensate for 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 accountable for the injury or death because of its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or in totality due to the negligence. FELA cases have helped improve tort law by setting precedent for issues such as railroad emotional distress as well as damages distribution and working condition standards. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that its employees are provided with a safe workplace. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might be staying for business reasons. A railroad attorney can help those who have suffered injuries to obtain the full benefits she is eligible for 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. Both laws provide similar benefits like medical coverage and monetary payouts. However, they are different in important ways. In contrast to workers' compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated a federal 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. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required. FELA allows railroad workers who are injured to have their cases considered by a committee of their peers, rather than the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be awarded to an injured worker while workers' compensation claims limit damages in accordance with a set schedule. It is important to know the difference between these two laws, especially for railroad workers who aren't covered under state laws on workers' compensation. They are required to pursue their cases under FELA. If you or someone you know was injured while working as a railroad worker it is important to talk with experienced FELA attorneys. Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us now to speak with an attorney. We're here to help you get the most benefits under FELA. Click here to go to the National Division BLET's website to find an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our lawyers are on a contingency basis, meaning that you will not be charged unless you win. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injury claims. Contrary to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits as well as suffering and pain. Workers compensation, on contrary, provides only temporary medical treatment and a predetermined amount of money to cover long-term disabilities, which is often far lower than what a worker has lost. The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their family members to file a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these websites require a password to access. This LibGuide is intended as an educational supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. If you require further assistance you should consult an attorney. Many workers are unaware that FELA provides railroad employees with specific protections. While many believe that FELA and state workers' compensation laws are alike, they are very different. Injured railroad workers must be aware of the distinctions between these two types of claims to get the best representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad employee to understand the various kinds of damages available for their claim. The injured worker will be entitled to the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.