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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they are faced with unique legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. To prevail in a FELA case railroad workers must demonstrate two things. First the injury must be proven to have been caused by the negligence of their employer. Workers' Compensation vs. FELA While workers' compensation and FELA both attempt to compensate workers for work-related injuries or illnesses however, the two laws differ in a number of ways. FELA only applies to railroad workers, whereas workers' compensation is applicable to a variety of jobs in both the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and where cases are heard. The risk of injury is high for people working on the railroad This is the reason FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured while working. In order to receive compensation under FELA the worker must prove that their employer violated the 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. Unlike a workers' compensation claim, which is usually limited to a certain amount based on the severity of injuries and other injuries, the FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life. Another difference between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must show that the company was at least partially responsible for their injury. If a worker is determined to be at fault for their injuries the amount of their injuries could be reduced. If a worker gets hurt because they were instructed to do something against company policy and the company was held 50% accountable for instance, the company could be held 50% responsible. Workers' compensation has an earlier filing time for a claim than a FELA case. In the case of a FELA case the statute of limitations is 3 years from the date of your injury, while in the case of workers' compensation the statute of limitations is one year. Therefore, it is important to consult a FELA lawyer with experience as soon as you can following your injury. FELA in vs. State Law If a worker on the railroad is injured while working and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent and that negligence was the cause of the injuries suffered by 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. Before the enactment this law, railroad employee accident and death rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation law. In general the majority of cases, the majority of FELA claim is filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA. FELA claims are similar to workers compensation claims in that they provide lost wages, medical expenses, and pain and suffering damages. These damages are based on the notion that a railroad was liable 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. In addition, a FELA claimant must show that the injury or death was caused in total or in part by the negligence of the railroad. FELA cases have improved tort law by setting precedents for issues like railroad emotional distress, damages distribution and working conditions requirements. In particular, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site places such as private hotels where a railroad's workers might stay to work. A railroad attorney can help the railroad worker who has been injured receive the full benefits can claim under FELA. fela lawyer . State Workers' Compensation Laws If a worker sustains an injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, cash payouts, and future earnings loss, they differ in important ways. Unlike workers' compensation, which allows employees to file a claim without having to prove that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim due to the fact that the evidence of negligence has to be presented. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial, and get their case decided by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be granted to an injured worker and workers compensation claims limit damage awards based on a pre-determined schedule. The difference between these two statutes is important to know, particularly 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 love was injured while working as a railroad worker, it is crucial to speak with a professional FELA attorneys. Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us today to speak with an attorney. 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 find a qualified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available to discuss your case by phone or in person. Our attorneys also operate on a contingency basis that means you won't pay until we are successful in settling your case. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers over injuries claims. Contrary to workers' compensation which provides a fixed amount regardless of fault, FELA cases will be decided by juries on the basis of the concept 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) as well as death benefits as well as suffering and pain. Workers' compensation, on the other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disabilities which is usually less than what an individual loses. The FELA law is applicable to railroads operating in international or interstate commerce, and permits injured employees and their family members to file lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide offers a base to research this issue. It provides links to various online resources that are available on the Villanova Law Library's website. Access to certain resources might require the use of 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 you should consult an attorney. Many workers are unaware that FELA provides railroad employees with special protections. Many people believe that FELA is similar to the state laws governing workers' compensation but they're not. Railroad workers who have been injured must be aware of the distinctions between these two kinds of claims to obtain the best possible representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or the injured employee in understanding the different types damages that they are entitled to. The injured person will be able to receive the maximum amount of compensation permitted by FELA. If you are a railroad employee who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for guidance.