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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face unique legal challenges. 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 need to establish two things. First, they must prove that the injury was the result of the negligence of their employer. Workers' Compensation vs. FELA Workers comp and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However, they differ in a number of ways. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs within the public and private sectors. 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 manner in which and where cases are heard. The risk of being injured is very high for those working on the railroad, which is why FELA was passed in 1908. Congress passed this law to protect workers, their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA workers must prove that their employer has violated any federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. FELA also provides compensation for suffering and pain, which are not covered by workers' comp. In contrast to claims for workers' compensation that are typically restricted based on the injury suffered, a FELA is able to seek compensation for non-economic losses, such as emotional distress or loss of enjoyment living. Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA the worker must prove that the company was at least partially accountable for their injury. If a worker is determined to be responsible for their injuries the amount of damages could be reduced. If a worker is injured because they were told to follow company policy, and the company is held 50% responsible for instance, the company may be held at 50% accountable. Workers' compensation is an earlier filing time for claims than a FELA case. In the case of a FELA case the statute of limitations is three years from date of your injury, while in a workers' compensation claim, the statute of limitations is 1 year. This is why it is important to consult a seasoned FELA lawyer as soon as possible after your injury. FELA in vs. State Law If a worker on the railroad is injured on the job the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused the worker's injuries. The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries because of their job. Before the enactment this law, railroad worker deaths and injuries were high. This sparked the need to provide railroad workers with extensive coverage that is greater than workers' compensation laws. In general the majority of cases, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA. FELA claims are similar to workers compensation in that they compensate for lost wages, 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 an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the death or injury was caused in total or in part by the negligence. FELA cases have helped improve tort law by establishing precedents for issues like emotional distress in 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 employees are provided with a safe workplace. This includes off-site places such as private hotels in which railroad workers may stay while traveling for business purposes. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full amount of benefits can claim under FELA. FELA Vs. State Workers' Compensation Laws If an employee is injured while working then he or she may file for workers compensation benefits or sue his employer under FELA. While both laws offer similar benefits, like medical coverage, cash payments, and future earnings loss however, they differ in significant ways. Unlike workers' compensation, which allows workers to file without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims because evidence of negligence is required. FELA allows injured railroad workers to have their cases decided by a panel of their peers, rather than the authority that oversees administrative workers compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do. The difference between these two statutes is important to know, particularly 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 know was injured while working as a railroad worker it is essential to speak with a professional FELA lawyers. Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We're here to help you receive the best benefits under FELA. Click here to go to the National Division BLET's site to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are able to discuss your case over the telephone or in person. Our attorneys also operate on a contingency fee, which means you don't pay until we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injuries claims. Unlike workers compensation, which offers an amount that is fixed regardless of who is responsible for the accident, FELA cases are decided by juries on the basis 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 pain and suffering. Workers compensation, on other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disabilities, which is often far less than what an individual loses. The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their families 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. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access. This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to constitute legal advice. Please consult an attorney should you require assistance. Many workers are unaware that FELA offers railroad workers specialized protections. Many people believe that FELA is similar to state workers' compensation laws however they aren't. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they receive the most effective representation. In fela lawsuit settlements of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. This will allow the injured worker to get the maximum recovery allowed under FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.