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fela lawsuits ? Liability Railroad workers face unique legal challenges when they suffer injuries at work. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act. To win a FELA claim railroad workers must be able to prove two things. The first is that the injury was the result of negligence by their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work, these two laws differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation applies to a variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded and how and where cases are heard. The risk of being injured is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed this law to protect workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation that pertains 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 wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, a FELA can seek compensation for non-economic losses that include emotional stress or loss of enjoyment of living. A distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If a worker is found to be the cause of their injuries, the amount of their damages could be reduced. If a worker is injured because they were instructed to violate company policy and the company is held 50% accountable for the incident, then the company could be held 50% responsible. Workers' compensation has an earlier filing time for claims than a FELA case. In the case of a FELA claim, the statute of limitation is three years from the date the injury occurred, but in a workers' compensation case, it's one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury. FELA vs. State Law If a railroad worker gets injured while working the worker can make a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in injuries to the worker. The FELA law, which was enacted in 1908, was enacted to provide compensation for railroad workers who are injured because of the nature of their work. Prior to the passage of this law, death and injury rates among railroad workers were extremely high. This led to the need for a comprehensive coverage that went beyond the workers' compensation laws. A FELA lawsuit must be filed in federal court because 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 worker who claimed that his employer was liable for FELA. FELA claims are similar to claims for workers compensation in that they provide lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the death or injury was a result of the whole or in part because of the negligence of the railroad. FELA cases have helped improve tort law by creating precedents for issues like emotional distress on the railroad as well as damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site facilities like private hotels where railroad employees can be able to stay when on business. A good railroad attorney can assist a railroad worker receive the full amount of benefits to which they are entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured on the job, he or she can file for workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including financial compensation and medical coverage. However, they are different in some important ways. In contrast to workers' compensation which permits employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer 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 harder to win a FELA claim than workers' compensation claims, as evidence of negligence is required. FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, rather than the administrative authority overseeing workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker while workers compensation claims limit damages based on a pre-determined schedule. The difference between the two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and must pursue their cases through FELA. If you or someone you know was injured on the job as a railroad worker it is essential to speak with experienced FELA lawyers. To know more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are ready to help you receive the best benefits under FELA. Click here to visit the National Division BLET's site to find an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our lawyers are on a contingent basis, meaning that you will not be charged unless you succeed. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers' compensation, which provides an amount that is fixed regardless of who was at fault for the accident, FELA cases are decided by juries based on 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) and death benefits and pain and suffering. Workers' compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disability, 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 family members to file a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide is a good starting point to start 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 was created as a study aid to 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 distinct piece of legislation that grants specialized protections to railroad employees. While many believe that FELA and state laws on workers' compensation are the same however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order that they receive the best representation. A lawyer with experience can help the family of a railroad worker who has passed away or injured understanding the various types of damages that they are entitled to. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.