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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 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 claim railroad workers must demonstrate two things. First, the injury must have been caused by their employer's negligence. Workers' Compensation vs. FELA While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a wide variety of jobs within the private and public sectors. FELA and workers' compensation differ in regards to who decides the fault, how damages are awarded, and where and how cases are decided. FELA was passed because the danger of injury for railroad workers is extremely high. Congress passed the law to protect workers and their families in the event they were injured while working. To receive fela railroad settlements under FELA the worker must prove their employer violated the federal law or regulation related 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 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 generally limited based on the type of injury sustained, FELA can seek compensation for non-economic losses like emotional distress or loss of enjoyment living. The difference between FELA compensation and workers compensation is that in order to receive compensation under FELA the worker must show that the employer was at very least partially responsible for the injury. If the injury suffered by a worker is found to be attributable to them their damages can be reduced. For instance, if an employee was directed to do something against company policy and they suffered injuries due to the incident the company could be held 50% responsible for their injuries. Workers' compensation cases have a shorter timeline to make claims. In a FELA claim, the statute of limitations is three years from the time the injury occurred, but in a workers' compensation case, it's one year. It is therefore important to contact a FELA lawyer experienced in the earliest time you can following your injury. FELA in vs. State Law If a railroad worker gets injured while working, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of the worker's injuries. The FELA, which was passed in 1908, is designed to compensate railroad workers who are injured due to the nature of their work. Prior to the passage of this law, railroad worker death and injury rates were high. This resulted in the need for comprehensive coverage that goes beyond the laws governing workers' compensation. A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA. Similar to workers' compensation and workers' compensation, like workers' compensation, a FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and the cost of suffering. These damages are based on the fact that the railroad was accountable for the death or injury because of its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the death or injury was a result of the whole or in part by such negligence. FELA cases have improved tort law by creating precedent for issues such as railroad emotional distress, damages distribution and working condition standards. FELA claims particularly, have brought federal attention to the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site places such as private hotels, where railroad employees can be able to stay when on business. A railroad attorney can help a railroad worker who has been injured receive the full benefits is entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured on the job then he or she may apply for workers compensation benefits 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. In contrast to workers' compensation which allows employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law 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 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 committee of their peers, rather than the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be granted to an injured worker, while workers compensation claims limit damages according to a pre-determined timetable. 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 was injured while working as a railroad employee, it is essential to speak with a professional FELA lawyers. Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us today to speak to an attorney. We are prepared to help you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's website to locate an experienced Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available via phone or in person to discuss your case. Our lawyers also operate on a contingency fee which means that you don't pay until we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers in injuries claims. Contrary to workers' compensation which is an amount 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 financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits and suffering and pain. Workers compensation, on other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disabilities which is usually lower than what a worker has lost. The FELA law applies to railroads operating in international or interstate commerce, and it allows injured employees and their families to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point for research on this topic. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to certain resources might require the use of a password. This LibGuide was developed as a study aid to Villanova Law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney should you require assistance. Many people do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are alike however, they are quite different. Railroad workers injured in an accident must be aware of the differences between the two kinds of claims to ensure that they receive the most effective representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad worker to understand the different types of damages that they can claim in their claim. This will enable the injured worker to get the maximum recovery allowed under FELA. If you're a railway worker injured while on the job, consult a firm of Designated Legal Counsel.