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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they face unique legal challenges. Railroad employees, unlike most workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. To win a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury occurred as a result of negligence by their employer. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However they differ in number of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of jobs in the private and public sectors. FELA and workers' compensation also differ in regards to who decides fault and how damages are determined and the manner in which cases are tried. FELA was enacted because the risk of injury for railroad workers is high. Congress passed this law to protect workers and their families as well as themselves in the event of an accident on the job. In order to be compensated under FELA workers must prove that their employer has violated a federal statute or regulation that relates to safety at work. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also provides compensation for suffering and pain, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is generally limited to a certain amount based on the severity of injuries and other injuries, a FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life. Another difference between FELA and workers compensation is that in order to receive compensation under FELA workers must prove that the employer was at least partially responsible for their injury. If a worker is determined to be at fault for their injuries the amount of their damages could be reduced. For example in the event that an employee was directed to do something that was in violation of company policy and were hurt in the process the company could be held 50% responsible for their injuries. Workers' compensation cases require an earlier time frame to make an claim. In the case of a FELA case, the statute of limitations is three years from the date of your injury, however, in a workers' compensation case the statute of limitation is 1 year. It is therefore crucial to speak with a FELA lawyer who has experience as soon as you can after the injury. FELA Vs. State Law If a railroad employee is injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore the successful FELA claim requires proof that the railroad was negligent and that the negligence contributed to the injury of the worker. The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad worker death and injury rates were high. This sparked the need to provide railroad employees with extensive coverage that is greater than the workers' compensation laws. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA. Similar to workers' compensation as well, a FELA claim is a way to provide the injured worker with compensation for lost wages and medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must show that the injury or death was a result of the whole or in part due to the negligence of the railroad. FELA cases improved tort law by establishing of precedents in areas such as emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims specifically, have brought federal attention to the issue of an employer's obligation to provide a safe work environment for its employees. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. An attorney for railroads can assist the railroad worker who has been injured receive the full amount of benefits is entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured while on the job, he or she can file for workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, including medical coverage, monetary payments, and future earnings loss, they differ in important ways. In fela lawyer to workers' compensation which permits 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 violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that evidence of negligence must be presented. FELA allows railroad workers who are injured to have their cases decided by a panel of their peers, and not the authority that oversees administrative workers compensation claims. FELA does not also limit the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The difference between the two statutes is crucial to know, particularly for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love has been injured while working as a railroad worker it is essential to speak with a professional FELA attorneys. To find out more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to help you get the most benefits that are available under FELA. Click here to visit the National Division BLET's website to locate a certified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available by telephone or in person to discuss your case. Our attorneys are on a contingent basis, meaning you will not be charged until we succeed. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers for injury claims. Contrary to workers compensation, which provide the same amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries on the basis of 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 suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often falls far short of covering the true costs of a worker. The FELA law applies to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages resulting directly from the negligence of the company. This LibGuide offers a base for research on this topic. It provides links to various online resources available on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to provide legal advice. You should consult with an attorney if you require assistance. Many people do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers injured in an accident should be familiar with the distinctions between these two types of claims in order to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages available for their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.