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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face unique legal issues. Contrary to the majority of workers insurance laws, railroad employees are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA). To prevail in a FELA claim railroad workers must be able to prove two things. The first is that the injury was the result of negligence by their employer. FELA vs. Workers' Compensation Workers compensation and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However, they differ in a couple of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide variety of jobs in both the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and the method by which and when cases are heard. FELA was enacted because the risk of injury to railroad workers is high. Congress passed the law to protect family members and employees in the event that they are injured while on the job. To be eligible for compensation under FELA, the worker must demonstrate that their employer violated the federal law or regulation that pertains to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, 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 compensation, like suffering and pain. Unlike workers' compensation claims which are usually limited based on the type of injury sustained, FELA is able to seek compensation for non-economic losses that include emotional stress or loss of enjoyment living. Another difference between FELA and workers compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at least partly accountable for their injury. If a worker's injury is found to be the fault of the company their damages can be reduced. For instance, if the worker was told to do something not in line with company policy and suffered injuries as a result, the company could be held 50 percent responsible for their injuries. Workers' compensation requires an earlier filing time for a claim than the FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury when in the case of workers' compensation the statute of limitation is 1 year. It is therefore crucial to contact a FELA lawyer who has experience as soon as you can after your injury. FELA Vs. State Law If a worker on the railroad is injured while working and suffers an injury, they can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Thus the successful FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury of the worker. The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were quite high. This resulted in the need for comprehensive coverage that goes beyond the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. For example, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA. Like workers' compensation and workers' compensation, like workers' compensation, a FELA claim is a way to provide the injured worker with lost wages, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death because of its negligence or violation the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the injury or death was a result of the whole or in part because of such negligence. FELA cases have benefited tort law by setting precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions requirements. FELA claims particularly have sparked national attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site places like hotels that are private, where railroad workers may stay when traveling for business. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits he or is entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured on the job, he or she can file for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However, they are different in some important ways. Contrary to workers' compensation which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that caused their injuries. This includes laws like 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, as evidence of negligence is required. FELA allows injured railroad workers to have their cases considered by a panel of their peers, not the authority that oversees administrative workers compensation claims. FELA does not restrict the amount of compensation an injured worker could receive, whereas workers' compensation claims do. The distinction between these two statutes is important to be aware of, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone close to you has been injured as a railroad employee it is crucial to consult with experienced FELA lawyers. To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to help you get the most benefits under FELA. To find a qualified 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 provide free consultations and are able to discuss your case over the telephone or in person. Our lawyers work on a contingent basis, meaning you will not be charged until we prevail. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. In contrast to workers compensation, which offers the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses, lost wages (including future earning potential) as well as death benefits as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover the true costs of a worker. The FELA law is applicable to railroads involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages directly resulting from the negligence of the company. fela railroad accident lawyer offers a base for research on this topic. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide is intended to serve as a study supplement for Villanova law students. This guide is not intended to be legal advice. If you require more help, please consult an attorney. Many workers are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is similar to state workers' compensation laws however they aren't. Railroad workers injured in an accident must be aware of the differences between the two kinds of claims to ensure they can receive the most effective representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you're a railroad employee injured on the job, you should consult an organization of Designated Legal Counsel.