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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured on the job, they face particular legal challenges. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To prevail in a FELA claim railroad workers must prove two things. First, that the injury occurred as a result of their employer's negligence. FELA vs. Workers' Compensation While workers compensation and FELA both attempt to compensate employees for work-related injuries or illnesses however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, and how much damages are awarded and the method by which and where the cases are decided. FELA was enacted because the risk of injury to railroad workers is extremely high. Congress passed the law to safeguard workers and their families in the event of being injured while working. To be eligible for compensation under FELA the worker must show the employer violated the 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 offers compensation for suffering and pain that are not covered by workers' comp. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based on the severity of injuries and other injuries, the FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment life. The main distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at the least partially responsible for the injury. If the injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. If a worker gets hurt due to being told to follow company policy, and the company was found to be 50% accountable for instance, the company may be held at 50% accountable. Workers' compensation cases have a shorter timeline to submit claims. In the case of a FELA claim, the statute of limitation is three years from when your injury occurred, whereas in a workers' compensation case, it is one 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 When a railroad worker is injured while working and suffers an injury, they can file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury to 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. Before the enactment this law, railroad worker death and injury rates were high. fela lawsuit settlements led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation. In general the majority of cases, an FELA claim must be filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was liable under the FELA. Like 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 on the notion that a railroad was liable for the injury or death because of its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the death or injury was caused in total or in part due to the negligence of the railroad. FELA cases have benefited tort law by creating precedents for issues like emotional distress on the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that its workers are safe in their workplace. This includes off-site locations like hotels that are private, where railroad workers may stay when traveling for business. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits he or can claim under FELA. FELA Vs. State Workers' Compensation Laws If workers are injured on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. While both laws offer similar benefits, such as medical coverage, financial payments and loss of future earnings, they differ in important ways. Contrary to workers' compensation which permits employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as evidence of negligence must be presented. FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, rather than the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be granted to an injured worker while workers' compensation claims limit damages based on a pre-determined schedule. It is important to know the difference between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They must take their cases to FELA. If you or someone you love has been injured while working as a railroad worker it is crucial to speak with experienced FELA lawyers. To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you maximize the benefits that are available under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations, and are available via telephone or in person to discuss your case. Our attorneys work on a contingent basis, meaning you will not be charged unless you win. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injury claims. In contrast to workers' compensation which provides an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential) and death benefits along with suffering and pain. Workers' compensation, on the contrary, provides only temporary medical care and a set amount of money to cover long-term disabilities that is often less than what a worker has lost. The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file an action against their employer for any damages resulting from the company's negligence. This LibGuide offers a base to research this issue. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. Please consult an attorney should you require additional assistance. Many people do not realize that FELA is a distinct piece of legislation that provides specific protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are alike however, they are quite different. Railroad workers injured in an accident must be aware of the distinctions between these two types of claims in order to receive the most effective representation. A skilled lawyer can assist the family of a railroad worker who has died or injured in understanding the various types of damages available to them. The injured worker will be entitled to the maximum amount of compensation permitted by FELA. If you're a railroad employee injured on the job, you should consult an organization of Designated Legal Counsel.