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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured while on the job. Railroad employees, unlike many 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 prove two things. First, the injury must have been caused by their employer's negligence. Workers' Compensation vs. FELA Workers compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However, they differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation applies to a variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and how and when cases are heard. The risk of being injured is very high for those working on railroads This is the reason FELA was enacted in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an injury while working. To receive compensation under FELA the worker must show their employer violated the 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 the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by' compensation, including pain and suffering. Contrary to claims under workers' compensation that are typically limited based on the type of injury suffered, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment living. Another distinction between FELA and workers' compensation is that in order to be eligible for compensation under FELA workers must prove that the company was at least partially accountable for their injury. If a worker's injury is determined to be the fault of the company the damages they suffer could be reduced. If a worker gets hurt because they were told to follow company policy, and the company was found to be 50% responsible for the incident, then the company could be held to be 50% responsible. Workers' compensation cases have shorter timeframes to submit claims. In a FELA case the statute of limitation is 3 years from the date of your injury, while 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 immediately following your injury. FELA Vs. State Law If a railroad employee is injured while at work, he or her may file a claim either under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in injuries to the worker. The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passing of this law, death and injury rates among railroad workers were quite high. This led to the need for comprehensive coverage that goes beyond workers' compensation laws. In general it is the case that the majority of FELA claim is filed in federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA. Similar to workers compensation as well, like workers' compensation, 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 fact that a railroad was responsible for the death or injury due to its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death, was caused in part or in full by such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad, damages distribution and working conditions standards. FELA claims specifically have sparked national attention on the issue of a non-delegable employer's duty to provide a safe working environment for its workers. fela lawyers includes off-site places like hotels that are private, where railroad workers may stay when traveling for business. A good railroad attorney can assist a railroad worker get the full benefits that they are entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured on the job, injury on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However they differ in important ways. Contrary to workers' compensation which allows employees to file a claim without having to prove that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws which caused their injuries. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as evidence of negligence must be proven. FELA allows injured railroad workers to have their cases decided by a group consisting of their peers, not the authority that oversees administrative workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be given to injured workers, while workers compensation claims limit damage awards in accordance with a set schedule. It is crucial to understand the distinction between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They have to take their cases to FELA. If you or someone you love has been injured while working as a railroad worker, it is important to talk with experienced FELA attorneys. To find out more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you pursue the maximum benefits available under FELA. Click here to go to the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your case by phone or in person. Our attorneys also work on a contingency basis that means you won't pay until we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which offers the same amount of benefits regardless of who is responsible for the incident, FELA cases are 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 as well as lost earnings (including future earning capacity) as well as death benefits and suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability. This usually is not enough to cover a worker's true losses. The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide offers a base for further research on this subject. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources may require an account password. This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to provide legal advice. Please consult an attorney if you require assistance. Many people are unaware that FELA provides railroad employees with special protections. Though many people believe that FELA and state laws on workers' compensation are alike, they are very different. Railroad workers who have been injured should be aware of the differences between these two kinds 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 able to receive the maximum amount of compensation permitted by FELA. If you're a railroad employee injured on the job, consult an attorney from a firm that is Designated Legal Counsel.