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Workers Compensation Vs Federal Employers? LiabilityRailroad workers face unique legal hurdles when they suffer injuries on the job. Contrary to the majority of workers insurance laws, railroad employees 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 demonstrate two things. The first is that the injury occurred as a result of their employer’s negligence.FELA Vs. Workers’ CompensationWhile workers’ compensation and FELA both attempt to compensate employees 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 broad range of jobs within the private and public sectors. FELA and workers’ compensation also differ in the way they determine the fault, how damages are awarded and the manner in which cases are tried.FELA was passed due to the danger of injury for railroad workers is extremely high. Congress passed the law to protect the families of workers in the event that they are injured while working. To receive compensation under FELA the worker must prove that their employer has violated the 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 future and past loss of wages and medical treatments, FELA provides for damages which aren’t covered under workers compensation, such as pain and suffering. In contrast to claims for workers’ compensation, which are generally limited based on the type of injury sustained, FELA is able to claim compensation for non-economic damages that include emotional distress or loss of enjoyment living.Another distinction between FELA and workers compensation is that in order to get compensation under FELA, the worker must prove that the company was at a minimum partially responsible for their injuries. If a worker is found to be the cause of their injuries the amount of their injuries could be reduced. If a worker is injured due to being told to violate company policy, and the company was held 50% responsible for the incident, then the company may be held to be 50% responsible.Workers’ compensation is a faster timeline for filing a claim than the FELA case. In a FELA case the statute of limitation is 3 years from the date of your injury, when in a workers’ compensation case, the statute of limitations is 1 year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as possible after your injury.FELA Vs. State LawIf a railroad employee is injured at work and is injured, they can make a claim under the Federal Employers Liability Act or workers’ compensation. Contrary to the statutes for workers’ compensation which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused the injuries suffered by the worker.The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, the death and injury rates among railroad workers were very high. This led to 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 enacted by Congress. FELA claims can be filed in state court. For example the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.Like workers’ compensation as well, a FELA claim compensates the injured worker with compensation for 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 in violation of a safety statute, 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 completely due to such negligence.FELA cases have benefited tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working condition standards. FELA claims, in particular, have brought federal attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site locations like private hotels where railroad employees can be able to stay when on business. 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 LawsIf a worker sustains an injury while working, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payouts, and future earnings loss however, they differ in significant ways.Unlike workers’ compensation, which allows employees to file without proving their employer was responsible, FELA requires the injured railroad employee 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 and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers’ compensation claim, because evidence of negligence must be provided.In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a group of their peers, not the administrative authority that oversees workers’ compensation claims. FELA does not restrict the amount of damages an injured worker could receive, whereas workers’ compensation claims do.The difference between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers’ compensation and have to pursue their cases through FELA. If fela lawyers or a loved one has been injured as an employee of a railroad it is crucial to consult with a knowledgeable FELA lawyers.To find out more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We’re ready to assist you receive the best benefits available under FELA. Click here to visit the National Division BLET’s website to locate an experienced Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your situation by phone or in person. Our lawyers also operate on a contingency basis which means that you don’t pay unless we win your case.FELA Vs. State Workers’ Compensation StatutesThe Federal Employers’ Liability Act (FELA) allows railroad workers the right to sue their employers for injury claims. Unlike workers’ comp which is an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far less than the amount a worker has lost.The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their families to bring lawsuits against their employers to recover damages caused by the company’s negligence. This LibGuide is a good starting point for research on this topic. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these resources require a password for access.This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to be legal advice. If you need more assistance seek advice from an attorney.Many workers are unaware that FELA provides railroad employees with specialized protections. Many people believe that FELA is comparable to state laws on workers’ compensation, but they are not. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they receive the best 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 various kinds of damages available for their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you’re a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.