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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured while on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. To win a FELA case, railroad workers need to demonstrate two things. First, that the injury was the result of their employer's negligence. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However they differ in number of ways. FELA only applies to railroad workers whereas workers' compensation applies to a variety of jobs in the public and private sectors. FELA and workers' compensation are also different in the way they determine the degree of fault and how damages are determined, and where and how cases are tried. FELA was enacted because the danger of injury for railroad workers is high. Congress passed the law to protect workers and their families in the event of being injured on the job. To be eligible for compensation under FELA the worker must show their employer violated any federal law or regulation relating to safety in the workplace. 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 wages and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Contrary to claims under workers' compensation, which are generally capped based on the injuries sustained, a FELA can seek compensation for non-economic losses, such as emotional distress or loss of enjoyment living. Another distinction between FELA and workers' compensation is that to get compensation under FELA workers must prove that the employer was at a minimum partially responsible for their injury. If a worker's injury is determined to be attributable to them the damages they suffer could be reduced. For instance, if an employee was directed to do something in violation of company policy and were injured in the process, the company could be held 50 percent responsible for their injuries. Workers' compensation cases require shorter timeframes to submit an claim. In a FELA claim, the statute of limitation is three years from the time your injury occurred, whereas in a workers' compensation case, it is one year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law When a railroad worker is injured while working the worker can file 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 will require proof that the railroad was negligent and that negligence was the cause of injuries to the worker. The FELA, which was passed in 1908, was enacted to compensate railroad workers who have been injured due to the nature of their job. Prior to fela railroad settlements of this law, railroad employee deaths and injuries were high. This led to the need to provide railroad workers with comprehensive coverage, which exceeds workers' compensation law. 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 case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA. Like workers compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with wages lost as well as medical expenses, damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site locations such as private hotels, where railroad employees can be able to stay when on business. A good railroad attorney can assist a railroad worker obtain the full benefits to which they are entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker sustains an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, monetary payouts, and future earnings loss, they differ in important ways. In contrast to workers' compensation which permits employees to claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer 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, 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 the evidence of negligence has to be presented. FELA allows railroad workers injured by a crash to have their cases considered by a committee of their peers, 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 granted to an injured worker while workers' compensation claims limit damage awards according to a pre-determined timetable. The distinction between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you love was injured while working as a railroad worker it is crucial to speak with a professional FELA lawyers. To find out more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you obtain the maximum benefits from FELA. To find a qualified 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 offer free consultations, and are available by phone or person to discuss your case. Our attorneys also operate on a contingency fee, which means you don't pay unless we are successful in settling 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 a fixed 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. In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often is not enough to cover the true costs of a worker. The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their family members to file lawsuits against their employers to recover damages caused by the company's negligence. This LibGuide provides a starting point to research this issue. It includes links to various online resources available on the Villanova Law Library's website. Access to certain resources may require a password. This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to be taken as legal advice. You should consult with an attorney if you require additional assistance. Many people are unaware that FELA provides railroad employees with specialized protections. Many people are mistakenly thinking that FELA is similar to the state laws governing workers' compensation, but they are not. Injured railroad workers must be aware of the differences between these two types of claims to get the best representation. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad employee to understand the different types of damages available for their claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad worker injured while on the job, consult an organization of Designated Legal Counsel.