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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with particular legal challenges. 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 proven to be caused by their employer's negligence. Workers' Compensation vs. FELA While workers' compensation and FELA both seek to compensate workers for work-related injuries or illnesses However, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' comp applies to a wide range of private and public jobs. FELA and workers' compensation differ in regards to who decides fault and how damages are determined, and where and how cases are tried. The risk of injury is a high risk for workers on the railroad This is the reason FELA was passed in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an injury while working. In order to be compensated under FELA the worker must prove that the employer violated any federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also provides compensation for suffering and pain that are not covered by workers' comp. Unlike a workers' compensation claim, which is usually restricted to a maximum amount based on the severity of injuries however, a FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another distinction between FELA and workers' compensation is that to get compensation under FELA workers must prove that the company was at least partly responsible for their injuries. If a worker is found to be the cause of their injury, the amount of their damages could be reduced. If a worker is injured due to being told to violate company policy and the company was found to be 50% accountable for instance, the company could be held at 50% accountable. Workers' compensation is an earlier filing time for a claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it's only one year. It is therefore important to speak with a FELA lawyer experienced in the earliest time you can after the injury. FELA in vs. State Law If a railroad worker gets injured while working, he or she may file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Consequently, a successful FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury of the worker. The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad employee accident and death rates were high. This led to the need for a comprehensive insurance that goes beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the 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 on the fact that a railroad was responsible for the injury or death due to its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the injury or death was caused in whole or in part by the negligence of the railroad. FELA cases have improved tort law by creating precedents for issues like railroad emotional distress as well as damages distribution and working conditions requirements. FELA claims specifically, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site locations like private hotels where railroad workers may stay while on business. railroad injury fela lawyer can help those who have been injured receive the full benefits she is eligible for under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured while on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, monetary payments and loss of future earnings but they differ in important ways. Contrary to workers' compensation which allows employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and 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 take their case to an open jury trial and have their case determined by a group of their peers, not the authority in charge of administrative matters that manage workers' compensation claims. FELA does not also limit the amount of compensation an injured worker may receive, whereas workers' compensation claims do. It is essential to understand the difference between these two statutes, particularly for railroad employees who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or a loved one has been injured by an employee of a railroad it is crucial that you speak with experienced FELA lawyers. To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to assist you obtain the maximum benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available via phone or in person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay until we succeed in your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation, which pays an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses and lost wages (including future earning potential), death benefits, as well as pain and suffering. Workers compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities which is usually lower than what a worker has lost. The FELA law applies to railroads operating in international or interstate commerce, and it allows injured employees and their families to file an action against their employer for any damages resulting from the company's negligence. This LibGuide is a great place to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to be legal advice. Please consult an attorney if you require additional assistance. Many workers are unaware that FELA is a unique piece of legislation that grants specialized protections to railroad employees. Many people mistakenly believe that FELA is like state laws on workers' compensation but they're not. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they can get the most effective representation. A qualified lawyer can assist the family of a railway worker who has passed away, or injured understanding the various kinds of damages available to them. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad employee who was injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.