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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries at work. Unlike most 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 case railroad workers must prove two things. First, that the injury was the result of the negligence of their employer. FELA against. Workers' Compensation While workers' compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work However, these two laws differ in a variety of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a variety of jobs within the public and private sectors. FELA and workers' compensation are also different in the way they determine the degree of fault and how damages are determined, and where and how cases are tried. The risk of being injured is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed the law to protect the families of workers in the event they were injured on the job. To be eligible for compensation 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 that are not covered by workers' comp. Unlike a workers' compensation claim, which is typically limited to a certain amount based on the severity of injuries however, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The distinction between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for the injury. If a worker's injury is determined to be attributable to them the damages they suffer could be reduced. For example in the event that a worker was instructed to perform a task that was in violation of company policy and were hurt in the process, the company could be held 50% accountable for their injuries. Workers' compensation requires an earlier timeframe for filing claims than the FELA case. In a FELA claim, the statute of limitation is three years from when your injury occurred, while in a workers' compensation case, it's only one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury. FELA in vs. State Law If a railroad employee is injured while working, he or her may make a claim under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker. The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have been injured because of their work. Prior to the passage of this law, injury and death 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 a federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA. Similar to workers' compensation and workers' compensation, a FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury due to its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or in totality due to the negligence. FELA cases have improved tort law by creating precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions 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 places like hotels that private parties use where a railroad's workers might stay for business purposes. An experienced attorney for railroads can assist an injured railroad worker get the full amount of benefits to which they are entitled to under FELA. FELA vs. State Workers' Compensation Laws If a worker sustains an injury while working or at work, they may seek workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payments and loss of future earnings, they differ in important ways. In contrast to workers' compensation, which allows workers to file without proving that their employer was responsible, 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 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 the evidence of negligence has to be proven. In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of their peers, not the authority in charge of administrative matters that manage workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be awarded to an injured worker while workers compensation claims limit damages according to a pre-determined timetable. It is important to know the distinction between these two statutes, especially for railroad workers who aren't covered under state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone you love has been injured by a railroad employee, it is important that you speak with a knowledgeable FELA lawyers. To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We are ready to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated Legal Counsel (DLC). fela lawyer represents railway workers and their family members in FELA lawsuits. We offer free consultations and are able to discuss your case by phone or in person. Our lawyers also operate on a contingency basis, which means you don't pay until we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which provide the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover a worker's true losses. The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to file an action against their employer to recover damages caused by the negligence of the company. This LibGuide is a good starting point to research this issue. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to be taken as legal advice. If you require further assistance seek advice from an attorney. Many workers are unaware that FELA provides railroad employees with special protections. Although many believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers who have been injured must be aware of the distinctions between these two types of claims to receive the most effective representation. In the case of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you are a railroad worker who was injured while on the job, call a Designated Legal Counsel (DLC) firm for guidance.