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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries at work. 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 claim, railroad workers must be able to prove two things. First the injury must be the result of the negligence of their employer. FELA Vs. Workers' Compensation Workers compensation and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However, they differ in a couple of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers' compensation also differ in terms of who determines the fault and the way in which damages are awarded and the manner in which cases are decided. FELA was passed due to the risk of injury for railroad workers is extremely high. Congress passed this law to protect workers and their families as well as themselves in the event of injury while working. In order to receive compensation under FELA workers must demonstrate that their employer violated a federal statute or regulation relating to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is usually limited to a certain amount based on injuries, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life. Another distinction between FELA and workers' compensation is that to receive compensation under FELA, the worker must prove that the employer was at least partially responsible for their injuries. If a worker is determined to be at fault for their injury the amount of their damages could be reduced. For instance in the event that an employee was directed to do something that was not in line with company policy and were injured due to the incident the company could be held 50 percent responsible for their injuries. Workers' compensation cases require an earlier time frame to file a claim. In the case of a FELA claim, the statute is three years from when your injury occurred, while in a workers' compensation case, it's one year. Therefore, it is important to consult a FELA lawyer with experience as soon as you can after the injury. FELA vs. State Law If a railroad worker gets injured on the job, he or she may file a claim under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that the railroad was negligent and that negligence was responsible for the injury to the worker. The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passing of this law, death and injury rates among railroad workers were very high. This led to the need for comprehensive coverage that went beyond the laws governing workers' compensation. In general, a FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA. FELA claims are similar to claims for workers' compensation in that they provide the loss of wages, medical expenses and pain and suffering damages. These damages are based on the fact that the railroad was liable for the injury or death because of its negligence or in violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in totality due to the negligence. FELA cases have helped improve tort law by creating precedents for issues like railroad emotional distress as well as damages distribution and working condition standards. In particular, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that their employees are protected in their workplace. This includes off-site places like hotels that are private, which railroad employees may be able to stay when on business. An experienced attorney for railroads can assist an injured railroad worker get the full benefits that he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If a worker suffers an injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, cash payouts, and future earnings loss but they differ in important ways. Unlike fela lawsuit settlements ' comp, which allows employees file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law 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 a workers' compensation claim as evidence of negligence must be provided. FELA allows railroad workers who are injured to have their cases ruled 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 can be awarded, whereas workers' compensation claims do. It is crucial to understand the difference between these two statutes, especially for railroad employees who aren't covered under state laws on workers' compensation. They have to be pursuing their cases under FELA. If you or someone you know was injured while working as a railroad employee, it is essential to speak with experienced FELA lawyers. To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you get the most benefits under FELA. Click here to go to the National Division BLET's website to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer no-cost consultations, and are available by phone or in person to discuss your case. Our attorneys also operate on a contingency fee that means you won't pay unless we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as pain and suffering. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually falls far short of covering the true costs of a worker. The FELA law applies to railroads involved in international or global trade. It allows injured employees, as well as their families to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a good starting point to research this issue. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be construed as legal advice. You should consult with an attorney if you require assistance. Many people are unaware that FELA offers railroad workers special protections. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws, but they are not. Injured railroad workers should be aware of the distinctions between these two types of claims to obtain the best possible representation. In the case of an injury, a qualified lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages that are available to their claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you are a railroad worker who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.