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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they are faced with unique legal issues. 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 case railroad workers must establish two things. First, they must prove that the injury was the result of their employer's negligence. FELA against. Workers' Compensation Workers' compensation and FELA are both designed to pay employees who are afflicted by work-related injuries or illnesses. However they differ in couple of ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs within 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 the method by which and when cases are heard. FELA was passed due to the risk of injury for railroad workers is extremely high. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. To be eligible for compensation under FELA workers must prove that their employer violated the federal law or regulation that pertains to safety at work. 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, such as suffering and pain. Contrary to claims under workers' compensation, which are generally capped based on the injuries sustained, a FELA can seek compensation for non-economic losses, such as emotional distress or loss of enjoyment living. A difference between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker is found to be responsible for their injuries the amount of their damages could be reduced. For example when the worker was told to perform a task that was against company policy and they suffered injuries due to the incident, the company could be held 50 percent accountable for their injuries. Workers' compensation requires a faster timeline for filing claims than the FELA case. In the case of a FELA claim, the statute of limitations is three years from when your injury occurred, while in a workers' comp case, it is one year. This is why it is important to contact an experienced FELA lawyer immediately following your injury. FELA Vs. State Law If a railroad worker is injured while 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 offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that the negligence resulted in the worker's injuries. The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passage of this law, injury and death rates among railroad workers were very high. This led to the need to offer railroad workers a complete coverage, which is higher than the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. For example, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA. FELA claims are similar to workers' compensation in that they cover the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury due to its negligence or violation the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the injury or death was caused in whole or in part due to the negligence. FELA cases have improved tort law by creating precedent for issues such as railroad emotional distress and damages distribution as well as working condition standards. FELA claims, in particular have drawn national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site locations such as private hotels, which railroad employees may stay while on business. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full amount of benefits can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while working then he or she may file for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However, they are different in important ways. Contrary to workers' compensation which permits employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety rule 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 as the evidence of negligence has to be proven. Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of their colleagues rather than the administrative authority who oversees workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be awarded to an injured worker and workers compensation claims limit damage awards in accordance with a set schedule. The difference between the two statutes is crucial to understand, especially for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love was injured while working as a railroad worker it is crucial to speak with a professional FELA attorneys. Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We're prepared to assist you get the most benefits that are available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are available to discuss your case by phone or in person. Our lawyers are on a contingent basis, meaning you won't be charged unless we win. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injuries claims. In contrast to workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with pain and suffering. Workers' compensation, on the contrary, provides temporary medical care and a set amount of money to cover long-term disabilities that is often lower than what the worker is losing. The FELA law applies to railroads that operate in international or interstate commerce, and permits injured employees and their families to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. The LibGuide contains links to online resources on the Villanova Law Library website. Access to some of these resources may require the use of a password. This LibGuide is intended as an aid to study for Villanova law students. This guide is not intended to be legal advice. Consult an attorney if you need assistance. fela railroad settlements are unaware that FELA provides railroad employees with specific protections. While many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure that they can get the most effective representation. In the event of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.