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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they suffer injuries at work. In contrast to most workers insurance laws, railroad workers are able 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. First, that the injury occurred as a result of their employer's negligence. FELA against. Workers' Compensation Workers compensation and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However they differ in couple of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a broad range of jobs in the private and public sectors. FELA and workers' compensation differ in regards to who decides the fault, how damages are awarded, and where and how cases are handled. The risk of being injured is a high risk for workers on railroads and that's why FELA was adopted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured while on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated any federal law or regulation related to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, 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 pain and suffering. Unlike a workers' compensation claim, which is typically limited to a certain amount based on the severity of injuries however, an FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment life. Another distinction between FELA and workers compensation is that to receive compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injury. If a worker is found to be responsible for their injury, the amount of their damages may be reduced. For instance, if a worker was instructed to do something not in line with company policy and were hurt as a result, the company could be held 50 percent responsible for their injuries. Workers' compensation is a faster timeline for filing an claim than the FELA case. In a FELA case the statute of limitation is 3 years from the date of your injury, however, in a workers' compensation case the statute of limitations is 1 year. It is therefore crucial to speak with a FELA lawyer with experience as soon as you can following your injury. FELA Vs. State Law If a railroad employee is injured at work and is injured, they can make a claim under the Federal Employers Liability Act or workers' compensation. In contrast to workers' compensation statutes which provide benefits regardless of fault, FELA is a statute of liability. Thus, a successful FELA claim requires proof that the railroad was negligent and that such negligence contributed to causing the worker's injury. The FELA was passed in 1908 and is intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad workers were quite 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. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was liable under the FELA. Similar to workers compensation as well, like workers' compensation, a FELA claim provides the injured worker with wages lost, medical expenses and damages for pain and suffering. These damages are based on the notion that a railroad was responsible for the injury or death due to its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the injury or death was caused in whole or in part due to the negligence. FELA cases have improved tort law through the creation of precedents in areas such as emotional distress on the railroad and damages allocation as well as working conditions standards. FELA claims particularly have sparked national attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its employees. This includes off-site locations like hotels that are private, where railroad workers may stay while on business. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full benefits he or can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured on the job, injury while working, they may file for workers' compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments, and future earnings loss, they differ in important ways. In contrast to workers' compensation, which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated a federal safety law that led to their injuries. This includes laws such as the Occupational Safety and Health Administration, 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. FELA allows railroad workers who are injured to have their cases ruled by a committee of their peers, not the administrative authority overseeing workers compensation claims. FELA does not restrict the amount of compensation an injured worker can receive, whereas workers' compensation claims do. The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured as a railroad employee, it is important to consult 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. Click here to go to the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by phone or person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay unless we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike fela railroad accident lawyer ' comp, which pays 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) and death benefits as well as suffering and pain. Workers' compensation, on the contrary, provides temporary medical care and a predetermined amount of money to cover long-term disability which is usually less than the amount a worker has lost. The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their families to bring lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide provides a starting point to research this issue. The LibGuide includes links to online resources on the Villanova Law Library website. Access to certain resources might require the use of a password. This LibGuide was created to aid in the study of Villanova Law students. Nothing in this guide should be taken as legal advice. If you need more assistance seek advice from an attorney. Many workers do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. Many people are mistakenly thinking that FELA is similar to state laws on workers' compensation, but they are not. Railroad workers who have been injured should be aware of the distinctions between these two kinds of claims to receive the most effective representation. In the case of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will enable 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.