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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face particular legal challenges. In contrast to most workers' compensation laws, railroad workers are able 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 occurred as a result of their employer's negligence. FELA against. Workers' Compensation While workers' compensation and FELA both are designed to compensate employees for illnesses or injuries that occur during work, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' comp applies to a variety of public and private jobs. FELA and workers' compensation differ in regards to who decides fault and how damages are determined, and where and how cases are handled. The risk of injury is very high for those working on railroads, which is why FELA was enacted in 1908. Congress passed this law to protect workers, 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 relating to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. In addition to providing financial compensation for past and future loss of income and medical treatment, FELA provides for damages that aren't covered by workers compensation, like pain and suffering. In contrast to a workers' compensation claim, which is typically capped at an amount based on the severity of injuries, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life. A difference between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury. If the injury suffered by a worker is found to be the fault of the company the damages they suffer could be reduced. For example, if a worker was instructed to perform a task that was not in line with company policy and suffered injuries due to the incident the company could be held 50% responsible for their injuries. Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' compensation case, it's one year. It is therefore crucial to consult an FELA lawyer who has experience as soon as you can after the injury. FELA in vs. State Law If a railroad worker gets injured on the job and suffers an injury, they can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore an effective FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for causing the worker's injury. The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad workers were extremely high. This resulted in the need for a comprehensive insurance that goes beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA. Like workers' compensation as well, a FELA claim compensates the injured worker with compensation for lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the notion that a railroad is responsible for the injury or death because of its negligence or a violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA claimant must prove that the injury or death was caused in whole or in part because of the negligence of the railroad. FELA cases have benefited tort law by creating precedents for issues like railroad emotional distress as well as damages distribution and working condition standards. FELA claims specifically have drawn national attention to an employer's obligation to provide a safe and secure work environment for its employees. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might stay while traveling to work. An experienced attorney for railroads can assist an injured railroad worker receive the full amount of benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker is injured on the job, injury while working, they may file for workers compensation or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However they differ in a number of important ways. Unlike workers' compensation, which allows workers to file without proving their employer was to blame, FELA requires the injured railroad worker to prove their employer violated a federal 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 evidence of negligence must be proven. FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, and not the authority that oversees administrative workers compensation claims. In addition, FELA does not put a cap on the amount of damages that can be awarded to an injured worker while workers compensation claims limit damage awards according to a pre-determined timetable. The distinction between the two statutes is crucial to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured while working as a railroad worker, it is essential to speak with experienced FELA attorneys. Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us today to speak to an attorney. fela claims to help you obtain the maximum benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our attorneys also work on a contingency basis that means you won't pay until we win your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation, which provides 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. FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits along with suffering and pain. Workers compensation, on the contrary, provides temporary medical care and a predetermined amount of money to cover long-term disabilities that is often less than what an individual loses. The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a good place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Access to some of these resources might require a password. This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to provide legal advice. If you require more help, please consult an attorney. Many people are unaware that FELA offers railroad workers specific protections. Although many believe that FELA and state laws on workers' compensation are similar, they are very different. Railroad workers who have been injured should be aware of the distinctions between these two kinds of claims to get the best 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 available to them. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, consult a firm of Designated Legal Counsel.