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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they are injured on the job. In contrast to most workers insurance laws, railroad workers 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. First, the injury must have been caused by the negligence of their employer. FELA vs. Workers' Compensation Workers' compensation and FELA are both designed to pay employees who are afflicted by work-related injuries or illnesses. However they differ in couple of ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and the method by which and where cases are heard. FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard workers and their families in the event of being injured while working. In order to be compensated under FELA the worker must prove the employer violated any federal law or regulation relating 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 income and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. In contrast to claims for workers' compensation which are usually restricted based on the injury suffered, a FELA is able to seek compensation for noneconomic damages like emotional distress or loss of enjoyment living. Another difference between FELA and workers compensation is that in order to be eligible for compensation under FELA the worker must prove that the employer was at least partially responsible for their injuries. If a worker's injury is found to be attributable to them their damages can be reduced. If a worker gets hurt because they were told to follow company policy and the company is held 50% responsible, for example, then the company could be held at 50% accountable. Workers' compensation cases require a shorter timeline to submit a claim. In a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it is one year. It is therefore crucial to speak with a FELA lawyer experienced in the earliest time you can after your injury. FELA Vs. State Law If a railroad worker gets injured while working, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. fela settlements will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker. The FELA was passed in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad worker deaths and injuries were high. This resulted in the need for a comprehensive insurance that goes beyond workers' compensation laws. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA. FELA claims are similar to workers compensation in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death, was caused in part or completely due to such negligence. FELA cases have benefited tort law by establishing precedent for issues such as emotional distress on the railroad, damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that its employees are safe in their workplace. This includes off-site places such as private hotels where railroad employees may stay to work. A railroad attorney can help the railroad worker who has suffered injuries to obtain the full amount of benefits she is eligible for under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured on the job, injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payments, and future earnings loss but they differ in important ways. Unlike workers' compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that caused their injuries. 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 workers' compensation claims due to the fact that evidence of negligence must be provided. FELA allows railroad workers injured by a crash to have their cases considered by a group consisting of their peers, and not the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of damages an injured worker could be awarded, whereas workers' compensation claims do. The difference between these two statutes is important to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and must pursue their cases through FELA. If you or someone you love has been injured while working as a railroad employee, it is essential to speak with a professional FELA attorneys. To know more about the distinctions 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 available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are willing to discuss your case by phone or in person. Our lawyers also operate on a contingency fee, which means you don't pay unless we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers compensation, which offers the same amount of benefits regardless of who is responsible for the incident, 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 as well as lost earnings (including future earning capacity), death benefits, and pain and suffering. Workers compensation, on the contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far less than what the worker is losing. The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to file a lawsuit against their employer for damages resulting from the negligence of the company. This LibGuide offers a base for research on this topic. It provides links to various online resources available on the Villanova Law Library's website. Some of these resources require a password for access. This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to constitute legal advice. You should consult with an attorney if you need assistance. Many people do not realize that FELA is a unique piece of legislation that grants specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are alike but they are vastly different. Railroad workers who have been injured should be familiar with the distinctions between these two kinds of claims to obtain the best possible representation. In the event of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to comprehend the various types of damages available for their claim. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been hurt on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.