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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To prevail in federal employers’ liability act Accident Injury Lawyers must establish two things. First the injury must be proven to be caused by the negligence of their employer. FELA against. Workers' Compensation Workers compensation and FELA are both designed to pay employees who suffer work-related injuries or illnesses. However they differ in a number of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation is applicable 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 the cases are decided. FELA was passed due to the risk of injury for railroad workers is high. Congress passed this law to protect workers, their families and themselves in the event of an injury on the job. To receive compensation under FELA the worker must prove that the employer violated a federal law or regulation relating 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 past and future loss of income and medical treatment, FELA provides for damages that aren't covered by' compensation, including suffering and pain. In contrast to a workers' compensation claim, which is usually capped at an amount based on the severity of injuries however, a FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another difference between FELA and workers compensation is that to get compensation under FELA, the worker must prove that the employer was at least partially responsible for their injury. If a worker's injury is found to be the fault of the company the damages they suffer could be reduced. For instance when the worker was told to perform a task that was not in line with company policy and were injured due to the incident the company could be held 50% responsible for their injuries. Workers' compensation cases have a shorter timeline to make claims. In the case of a FELA case the statute of limitation is three years from date of your injury however, in a workers' compensation case the statute of limitation is 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 employee is injured while at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the worker's injuries. The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Before the enactment this law, railroad worker deaths and injuries were high. This led to the need to offer railroad workers a extensive coverage that is greater than workers' compensation law. A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. 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 liable for the FELA. FELA claims are similar to workers compensation claims in that they provide lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death because of its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or completely due to such negligence. FELA cases have helped improve tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims specifically have sparked national attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site places such as hotels owned by private individuals where a railroad's workers might be staying to work. The right railroad attorney can assist a railroad worker obtain the full amount of benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings, they differ in important ways. Contrary to workers' compensation which allows employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that caused their injury. 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 as evidence of negligence is required. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and have their case determined by a panel of their peers rather than the administrative authority who oversees workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be granted to an injured worker, while workers compensation claims limit damages according to a pre-determined timetable. The distinction 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 a loved one has been injured by a railroad employee, it is important that you speak with a knowledgeable FELA lawyers. To know 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 pursue the maximum benefits under FELA. Click here to go to the National Division BLET's website to find a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency fee, which means you don't pay unless we are successful in settling your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp which is an amount fixed, regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. Workers compensation, on other hand, offers 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 operating in interstate or international commerce, and it allows injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a good place to begin your research. It provides links to various online resources on the Villanova Law Library's website. Access to some of these resources might require the use of a password. This LibGuide was created as a study aid to Villanova Law students. This guide is not intended to constitute legal advice. If you require more help seek advice from an attorney. Many workers are unaware that FELA offers railroad workers specialized protections. Many people believe that FELA is comparable to state laws on workers' compensation but they're not. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure that they can get the best representation. A lawyer with experience can help the family members of a railroad worker who has died or the injured employee in understanding the different types damages that they are entitled to. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you're a railway worker injured on the job, consult an organization of Designated Legal Counsel.