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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they are faced with particular legal challenges. Contrary to the majority of workers insurance laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To win a FELA claim, railroad workers must prove two things. First the injury must be caused by the negligence of their employer. Workers' Compensation vs. FELA Workers compensation and FELA are both designed to compensate employees who suffer from work-related illnesses or injuries. However they differ in few ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a wide range of private and public jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, damages are awarded and the method by which and where the cases are decided. FELA was passed because the danger of injury for railroad workers is extremely high. Congress passed the law to protect workers and their families in the event of being injured on the job. To be eligible for compensation under FELA the worker must show the employer violated the federal law or regulation related to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. Unlike workers' compensation claims that are typically restricted based on the injury sustained, a FELA is able to claim compensation for non-economic damages that include emotional stress or loss of enjoyment living. Another distinction between FELA and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for their injuries. If a worker's injury is determined to be the fault of the company, their damages could be reduced. For example in the event that the worker was told to do something against company policy and they were injured in the process, the company could be held 50% accountable for their injuries. Workers' compensation cases require a shorter timeline to file an claim. In a FELA claim, the statute of limitation is three years from when your injury occurred, while in a workers' comp case, it is one year. This is why it is crucial to speak with an experienced FELA lawyer immediately following your injury. FELA vs. State Law If a railroad worker is injured while working the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that negligence was the cause of injuries to the worker. The FELA legislation, which was passed in 1908, was enacted to provide compensation for railroad workers who have suffered injuries due to the nature of their job. Prior to the passage of this law, railroad employee accident and death rates were high. This led to the need provide railroad workers with extensive coverage that is greater than workers' compensation law. A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For instance an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA. FELA claims are similar to workers compensation claims in that they provide the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the death or injury was caused in whole or in part by such negligence. FELA cases have helped improve tort law by setting precedent for issues such as 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 duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may stay to work. fela settlements can help the railroad worker who has been injured to receive the full amount of benefits can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured on the job, he or she can claim workers' compensation benefits or sue his employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However, they are different in a number of important ways. In contrast to workers' compensation, which allows employees to file without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that caused their injuries. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required. FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, not the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of damages an injured worker may be awarded, whereas workers' compensation claims do. The difference between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know has been injured while working as a railroad worker, it is essential to speak with experienced FELA lawyers. Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us now to speak with a lawyer. We're here to help you get the most benefits available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our attorneys are on a contingent basis, which means that you will not be charged until we prevail. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injuries claims. In contrast to workers' compensation which provides a fixed amount regardless of the fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity), death benefits, and suffering and pain. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker. The FELA law is applicable to railroads that participate in interstate or global commerce. It permits injured employees, as well as their families, to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good starting point to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources might require a password. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be taken as legal advice. If you require more help seek advice from an attorney. Many workers are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state laws on workers' compensation are similar, they are very different. Injured railroad workers should be aware of the differences between these two types of claims to get the best representation. In the case of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. The person who has been injured will be able to receive the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.