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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries on the job. 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 win a FELA claim railroad workers must be able to prove two things. First, the injury must have been caused by their employer's negligence. FELA against. Workers' Compensation While workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses However, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of public and private jobs. FELA and workers' compensation differ in terms of who determines fault and the way in which damages are awarded, and where and how cases are decided. The risk of injury is a high risk for workers on the railroad and that's why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To receive compensation under FELA the worker must show the employer violated any 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 past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Contrary to claims under workers' compensation, which are generally limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment of living. The main distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If a worker's injury is determined to be their fault their damages can be reduced. If a worker is injured because they were instructed to do something against company policy and the company was held 50% accountable, for example, then the company may be held 50% responsible. Workers' compensation cases have shorter timeframes to submit claims. In a FELA claim, the statute is three years from when your injury occurred, while in a workers' compensation case, it's only one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as you can after your injury. FELA in vs. State Law If a worker on the railroad is injured on the job, he or she may submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore, a successful FELA claim requires evidence that the railroad was negligent and that such negligence played a role in the injury of the worker. The FELA, which was passed in 1908, is designed to compensate railroad employees who have suffered injuries 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 to offer railroad workers a comprehensive coverage, which exceeds the workers' compensation laws. In general, an FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for FELA. Similar to workers' compensation as well, the FELA claim provides the injured worker with wages lost, medical expenses and damages for pain and suffering. These damages are based upon the fact that the railroad was responsible for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the death or injury was caused in total or in part due to the negligence. FELA cases have improved tort law by setting precedents for issues like railroad emotional distress and damages distribution as well as working condition standards. Particularly, fela railroad accident lawyer have brought national attention to the issue of an employer's non-delegable duty to ensure that its workers are provided with a safe workplace. This includes off-site facilities like private hotels where railroad employees can stay when traveling for business. A good railroad attorney can assist an injured railroad worker receive the full benefits to which they are entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers an injury on the job, they may file for workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, financial payments, and future earnings loss, they differ in important ways. Unlike workers' comp, which allows employees file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer 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. It is more difficult to win a FELA case than workers' compensation claims, 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 be ruled on by a group of their peers, not the authority in charge of administrative matters that manage workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that may be granted to an injured worker while workers' compensation claims limit damage awards based on a pre-determined schedule. The distinction between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one has been injured by a railroad employee it is crucial to consult with a knowledgeable FELA lawyers. To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are prepared to help you pursue the maximum benefits available under FELA. Click here to visit the National Division BLET's site to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your situation by phone or in person. Our lawyers are on a contingent basis, meaning that you will not be charged unless you win. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injuries claims. Contrary to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker. The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their family members to file lawsuits against their employers for any damages resulting from the negligence of the company. This LibGuide offers a base for research on this topic. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is designed to be an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Consult an attorney if you need assistance. Many people do not realize that FELA is a distinct piece of legislation that offers special protections to railroad workers. Many people believe 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 differences between these two types of claims in order to obtain the best possible representation. A lawyer with experience can help the family of a railroad worker who has died or the injured employee in understanding the various types of damages that they are entitled to. This will allow the injured worker to get the maximum amount of compensation under FELA. If you're a railroad employee injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.