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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face particular legal challenges. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA claim, railroad workers must prove two things. First, they must prove that the injury occurred as a result of negligence by their employer. FELA against. Workers' Compensation While workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses However, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of private and public jobs. FELA and workers' compensation differ in the way they determine fault and how damages are determined and the manner in which cases are handled. The risk of injury is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury on the job. In order to be compensated under FELA the worker must prove that their employer has violated any federal law or regulation that relates to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Unlike workers' compensation claims that are typically restricted based on the injury sustained, FELA is able to seek compensation for noneconomic damages that include emotional distress or loss of enjoyment of living. The distinction between FELA compensation and workers' compensation is the requirement that, to be eligible for compensation under FELA the worker has to prove that the company was at very 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. For instance when an employee was directed to do something that was against company policy and they suffered injuries due to the incident, the company could be held 50 percent responsible for their injuries. Workers' compensation is an earlier timeframe for filing an claim than the FELA case. In the case of a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' compensation case, it's one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law If a railroad employee is injured at work, he or her may file a claim either under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent, and that the negligence resulted in the injuries suffered by the worker. The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who have suffered injuries due to the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were very high. This sparked the need to provide railroad employees with complete coverage, which is higher than workers' compensation laws. In general the majority of cases, an FELA claim must be filed in a federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard 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 claims for workers compensation in that they provide lost wages, medical costs, and pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death, was caused in part or completely due to such negligence. FELA cases have helped improve tort law by setting precedents for issues like emotional distress on the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to an employer's duty not delegated to ensure that its employees are safe in their workplace. This includes off-site locations like hotels that private parties use where a railroad's workers might stay for business purposes. A railroad attorney can help a railroad worker who has been injured to receive the full amount of benefits she is eligible for under FELA. FELA Vs. State Workers' Compensation Laws If a worker suffers an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, financial payouts and loss of future earnings however, they differ in significant ways. In contrast to workers' compensation, which allows employees to file a claim without proving their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law 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. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence must be presented. FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, not the administrative authority responsible for deciding workers compensation claims. FELA also does not limit the amount of damages an injured worker could receive, while workers' compensation claims do. It is essential to understand the difference between these two statutes, particularly for railroad workers who are not covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone close to you was injured as a railroad employee, it is important that you speak with a knowledgeable FELA lawyers. To learn fela lawsuit settlements about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency fee, which means you don't pay unless we are successful in settling your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers compensation, which provide the same amount of benefits regardless of who was 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 and lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering the actual losses of a worker. The FELA law applies to railroads that participate in international or global trade. It permits injured employees, as well as their families, to sue their employers for damages directly caused by the company's negligence. This LibGuide is a good starting point for further research on this subject. It also provides links to a variety of online resources on the Villanova Law Library's website. Access to some of these resources may require the use of a password. This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to be legal advice. If you require more help seek advice from an attorney. Many workers are unaware that FELA provides railroad employees with specialized protections. Though many people believe that FELA and state laws on workers' compensation are alike, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims so that they receive the most effective representation. In the event of an injury, a qualified lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the different types of damages that they can claim in their claim. The injured worker can receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for advice.