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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries at work. Railroad employees, unlike most workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To win a FELA case, railroad workers need to prove two things. First, they must prove that the injury was the result of their employer's negligence. FELA Vs. Workers' Compensation Workers comp and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in few ways. In particular, FELA is only applicable to railroad workers, whereas workers' comp applies to a broad range of private and public jobs. FELA and workers' compensation also differ in the way they determine the fault, how damages are awarded, and where and how cases are tried. The risk of injury is high for people working on railroads and that's why FELA was enacted 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 demonstrate 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. 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, such as suffering and pain. Contrary to claims under workers' compensation which are usually limited based on the type of injury sustained, FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living. The main distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If a worker is determined to be the cause of their injury, the amount of their damages could be reduced. If a worker is injured because they were told to do something against company policy and the company was held 50% responsible for instance, the company may be held to be 50% responsible. Workers' compensation cases require a shorter timeline to make a claim. In a FELA claim, the statute is three years from the date your injury occurred, whereas in a workers' comp case, it's one year. This is the reason it is essential to contact an experienced FELA lawyer immediately following your injury. FELA vs. State Law If a railroad employee is injured while working and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' comp statutes that provide benefits regardless of fault, 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 the injuries suffered by the worker. The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, railroad worker deaths and injuries were high. This resulted in the need for a comprehensive coverage that goes beyond workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA. FELA claims are similar to workers compensation in that they provide lost 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 violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury, or death, was caused in part or completely due to such negligence. FELA cases have improved tort law by creating precedents for issues like emotional distress on the railroad and damages distribution as well as working conditions requirements. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site places like private hotels where railroad workers may be able to stay when on business. fela accident attorney can help an injured railroad worker get the full benefits to which he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured on the job, injury on the job, they may file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However they differ in some important ways. Contrary to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required. FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, rather than the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do. It is important to know the distinction between these two statutes, especially for railroad employees who aren't covered under state workers' compensation laws. They are required to take their cases to FELA. If you or a loved one has been injured as an employee of a railroad, it is important to consult with a knowledgeable FELA lawyers. To find out more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to assist you receive the best benefits from 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 willing to discuss your situation by phone or in person. Our attorneys also operate on a contingency fee which means that you don't pay until we win your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon 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) and death benefits and suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability. This usually does not cover the actual losses of a worker. The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to some of these resources might require an account password. This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to be legal advice. If you require further assistance you should consult an attorney. Many people do not realize that FELA is a distinct piece of legislation that provides special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are similar however, they are quite different. Railroad workers injured in an accident should be familiar with the distinctions between these two kinds of claims to get the best representation. In the event of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds 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 has been injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.