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Workers Compensation Vs Federal Employers? Liability Railroad employees face unique legal issues when they suffer injuries while on the job. Railroad workers, unlike other workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To prevail in a FELA claim, railroad workers must be able to prove two things. First, that the injury was the result of the negligence of their employer. FELA Vs. Workers' Compensation Workers' compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However they differ in number of ways. Particularly, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of public and private jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded and the method by which and where the cases are decided. The risk of being injured is high for people working on railroads and that's why FELA was enacted in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of injury while working. To receive compensation under FELA the worker must prove their employer violated a federal law or regulation relating to workplace safety. 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 treatments, FELA provides for damages which aren't covered under workers' compensation, including pain and suffering. In contrast to a workers' compensation claim, which is typically limited to a certain amount based on injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The main distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If a worker's injury is determined to be attributable to them their damages can be reduced. If a worker is injured due to being told to follow company policy, and the company was held 50% accountable for the incident, then the company could be held 50% responsible. Workers' compensation requires an earlier filing time for an claim than a FELA case. In a FELA case the statute of limitation is 3 years from the date of your injury, while in a workers' compensation claim the statute of limitation is 1 year. Therefore, fela accident attorney is important to consult an FELA lawyer with experience as soon as you can following your injury. FELA Vs. State Law If a railroad employee gets injured at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker. The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who are injured because of the nature of their work. Prior to the passage of this law, injury and death rates among railroad workers were very high. This resulted in the need for a comprehensive insurance that goes beyond workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA. FELA claims are similar to claims for workers compensation in that they compensate for lost wages, medical costs, and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death due to its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must show that the injury or death was caused in whole or in part because of such negligence. FELA cases have helped improve tort law by setting precedents for issues like railroad emotional distress and damages distribution as well as working condition standards. FELA claims, in particular, have brought federal attention to the issue of a non-delegable employer's duty to provide a safe working environment for its employees. This includes off-site locations like private hotels which railroad employees may stay when traveling for business. The right railroad attorney can help an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA. FELA vs. State Workers' Compensation Laws If a worker suffers 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 financial compensation and medical coverage. However, they are different in some important ways. In contrast to workers' compensation which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims since proof of negligence is required. In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of their colleagues rather than the administrative authority who oversees workers' compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. It is crucial to understand the distinction between these two laws, especially for railroad workers who aren't covered under state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone you love has been injured on the job as a railroad worker, it is important to talk with a professional FELA lawyers. Grossman Law Offices can help you understand the differences in state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are prepared to help you maximize the benefits available under FELA. Click here to go to the National Division BLET's site to find a qualified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case by telephone or in person. Our attorneys work on a contingent basis, which means that you won't be charged unless we succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers for injuries claims. In contrast to workers compensation, which provide a fixed amount of benefits regardless of who was 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. FELA also covers medical expenses as well as lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover the true costs of a worker. The FELA law applies to railroads involved in global or interstate commerce. It permits injured employees and their families, to sue their employer for damages directly resulting from the negligence of the company. This LibGuide offers a base for research on this topic. The LibGuide provides links to online resources on the Villanova Law Library website. Access to certain resources may require a password. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to provide legal advice. If you need more assistance, please consult an attorney. Many people are unaware that FELA provides railroad employees with specialized protections. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws, but they are not. Injured railroad workers need to be aware of the differences between the two types of claims so that they can get the most effective representation. A skilled lawyer can assist the family of a railway worker who has died or injured in understanding the various kinds of damages they can claim. The person who has been injured can receive the maximum amount of compensation permitted by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.