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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face particular legal challenges. Unlike most workers insurance laws, railroad workers have the right to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA). To win a FELA claim, railroad workers must demonstrate two things. First, that the injury was the result of negligence by their employer. FELA Vs. Workers' Compensation Workers' compensation and FELA are both designed to compensate employees who suffer 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 broad range of jobs in both the private and public sectors. FELA and workers' compensation are also different in regards to who decides fault and how damages are determined, and where and how cases are tried. FELA was passed because the risk of injury to railroad workers is very high. Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job. In order to be compensated under FELA the worker must prove their employer has violated a federal law or regulation that relates 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 past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, like suffering and pain. Unlike workers' compensation claims, which are generally restricted based on the injury sustained, a FELA is able to seek compensation for non-economic losses, such as emotional stress or loss of enjoyment of living. The main difference between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker has to prove that the company was at the least partially responsible for the injury. If a worker is determined to be at fault for their injuries the amount of their damages could be reduced. For instance when an employee was directed to do something that was against company policy and they were injured as a result, the company could be held 50 percent responsible for their injuries. Workers' compensation requires an earlier timeframe for filing claims than a FELA case. In a FELA claim, the statute of limitation is three years from when the injury occurred, but in a workers' compensation case, it's only one year. It is therefore important to consult an FELA lawyer with experience as soon as you can following your injury. FELA Vs. State Law If a railroad worker gets injured on the job and suffers an injury, they can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which provide benefits regardless of fault, FELA is a statute of liability. Thus the successful FELA claim requires evidence that railroad negligence was at play and that negligence played a role in causing the worker's injury. The FELA was passed in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the passing of this law, injury and death rates among railroad employees were extremely high. This resulted in the need for a comprehensive coverage that goes beyond workers' compensation laws. In general it is the case that a FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. fela lawyers involved a railroad employee who claimed his employer was liable for FELA. FELA claims are similar to claims for workers compensation in that they cover lost wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or in violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused in part or in totality due to the negligence. FELA cases have helped improve tort law by establishing precedent for issues such as emotional distress on the railroad, damages distribution and working condition standards. FELA claims specifically have drawn national attention on the issue of an employer's obligation to provide a safe work environment for its workers. This includes off-site facilities like hotels that private parties use where a railroad's workers might be staying for business reasons. A railroad attorney can help a railroad worker who has been injured receive the full benefits can claim 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. While both laws offer similar benefits, like medical coverage, cash payments and loss of future earnings however, they differ in significant ways. Unlike workers' compensation, which allows employees to file a claim without proving that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and 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. In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not also limit the amount of compensation an injured worker could receive, whereas workers' compensation claims do. It is crucial to understand the distinction between these two statutes, especially for railroad workers who aren't covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you love was injured on the job as a railroad employee, it is essential to speak with experienced FELA lawyers. To know more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are prepared to help you get the most benefits under 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 provide free consultations and are able to discuss your case by telephone or in person. Our attorneys are on a contingent basis, meaning you won't be charged unless we win. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers' comp which provides an amount fixed, regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Workers' compensation, on the contrary, provides only temporary medical treatment and a predetermined amount of money to cover long-term disabilities which is usually lower than what a worker has lost. The FELA law is applicable to railroads operating in international or interstate commerce, and allows injured employees and their families to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a great place to start your research. It provides links to various online resources available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to constitute legal advice. You should consult with an attorney if you require additional assistance. Many people are unaware that FELA offers railroad workers special protections. Although many believe that FELA and state workers' compensation laws are similar but they are vastly different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the most effective representation. A qualified lawyer can assist the family members of a railroad worker who has died or injured in understanding the various types of damages they can claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you're a railway worker injured on the job, you should consult an organization of Designated Legal Counsel.