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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they are injured at work. Contrary to the majority of workers' compensation laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA case railroad workers must establish two things. First the injury must be proven to have been caused by their employer's negligence. FELA against. Workers' Compensation Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However they differ in a few ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of private and public jobs. FELA differs from workers' compensation in that it is determined by the person who caused the accident, what damages are awarded, and the manner in which and where the cases are decided. FELA was enacted because the risk of injury for railroad workers is very high. Congress passed this law to safeguard workers as well as their families and themselves in the event of an accident on the job. To receive compensation under FELA the worker must prove that the employer violated the federal law or regulation related 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 future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Contrary to a workers' comp claim, which is usually limited to a certain amount based on injuries however, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life. The distinction between FELA compensation and workers' compensation is the requirement that in order to receive compensation under FELA the worker must show that the company was at the least partially responsible for the injury. If a worker is found to be the cause of their injury, the amount of their damages may be reduced. If a worker gets hurt because they were instructed to follow company policy, and the company was held 50% accountable for the incident, then the company could be held at 50% accountable. Workers' compensation cases require a shorter timeline to file an claim. In the case of a FELA case the statute of limitations is three years from the date of your injury, when in a workers' compensation case the statute of limitation is one year. This is why it is important to consult a seasoned FELA lawyer immediately following your injury. FELA in vs. State Law If a railroad employee gets injured at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently an effective FELA claim requires proof that the railroad was negligent and that negligence played a role in the injury of the worker. The FELA was enacted in 1908 and was intended to compensate railroad workers injured for injuries resulting from the nature of their work. Before the enactment this law, railroad employee death and injury rates were high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws. In general it is the case that the majority of FELA claim must be filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was responsible for the FELA. Similar to workers compensation as well, the FELA claim provides the injured worker with lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the fact that a railroad was responsible for the injury or death because of its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death was caused in part or completely due to such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad, damages distribution and working condition standards. fela case settlements claims specifically, have brought federal attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site locations like hotels that are private, where railroad workers may stay while on business. An experienced attorney for railroads can assist an injured railroad worker receive the full amount of benefits to which they are entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while working and suffers an injury on the job, they can apply for workers compensation benefits or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, financial payouts, and future earnings loss however, they differ in significant ways. Unlike workers' comp which permits employees to file without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law of the federal government that caused their injury. This includes laws such as 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 workers' compensation claims as evidence of negligence must be proven. FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, and not the authority that oversees administrative workers' compensation claims. FELA does not also limit the amount of damages an injured worker could receive, whereas workers' compensation claims do. The difference between the two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone you know was injured on the job as a railroad worker, it is important to talk with experienced FELA attorneys. Grossman Law Offices can help you learn more about the differences between state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're here to help you obtain the maximum benefits available under FELA. Click here to visit 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 by phone or person to discuss your case. Our lawyers also operate on a contingency basis that means you won't pay unless we win your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers compensation, which provide the same amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on the concept 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 provides only temporary medical benefits and a set amount of money for long-term disability, which usually falls far short of covering a worker's true losses. The FELA law is applicable to railroads that are involved in international or global trade. It permits injured employees, as well as their families to sue their employer for damages resulting directly from the company's negligence. This LibGuide is a good place to start your research. It provides links to various online resources available on the Villanova Law Library's website. Access to some of these resources may require the use of a password. This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to be taken as legal advice. If you need more assistance, please consult an attorney. Many people do not realize that FELA is a unique piece of legislation that provides specific protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order they can receive the best representation. A skilled lawyer can assist the family members of a railroad worker who has died or injured in understanding the various kinds of damages available to them. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you're a railroad employee injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.