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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, 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 case, railroad workers need to establish two things. First, that the injury occurred as a result of negligence by their employer. FELA vs. Workers' Compensation Workers comp and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However they differ in a couple of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public sector jobs. FELA differs from workers' compensation in that it is determined by the person who caused the accident, what damages are awarded and how and when cases are heard. The risk of being injured is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. To be eligible for compensation under FELA the worker must demonstrate that their employer violated a federal statute or regulation that pertains 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 the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by' compensation, including pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, a FELA is able to seek compensation for noneconomic damages like emotional stress or loss of enjoyment of living. Another distinction between FELA and workers compensation is that in order to get compensation under FELA, the worker must show that the company was at least partially responsible for their injury. If a worker is found to be at fault for their injuries the amount of damages may be reduced. For instance, if the worker was told to do something in violation of company policy and were injured as a result, the company could be held 50 percent responsible for their injuries. Workers' compensation cases have a shorter timeline to submit an claim. In a FELA case the statute of limitation is three years from date of your injury however, in the case of workers' compensation the statute of limitations is one year. This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury. FELA in vs. State Law If a railroad worker is injured while at work the employee can make a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires evidence that railroad negligence was at play and that negligence contributed to causing the worker's injury. The FELA law, which was enacted in 1908, was enacted to compensate railroad workers who have been injured because of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. This led to the need provide railroad workers with comprehensive coverage, which exceeds the workers' compensation laws. In general, a FELA claim must be filed in federal court due to the fact that the FELA is a federal law. 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 wages lost as well as medical expenses, the cost of suffering. These damages are based on the notion that a railroad was liable for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the injury or death was a result of the whole or in part because of the negligence of the railroad. FELA cases have helped improve tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions standards. FELA claims specifically have sparked national attention to an employer's obligation to provide a safe and secure work environment for its workers. fela settlements includes off-site places like private hotels where railroad workers may stay when traveling for business. A railroad attorney can help a railroad worker who has been injured to receive the full benefits can claim under FELA. FELA Vs. State Workers' Compensation Laws If workers are injured on the job then he or she may apply for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payouts and loss of future earnings, they differ in important ways. In contrast to workers' compensation, which allows employees apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence has to be proven. FELA allows injured railroad workers to have their cases considered by a group consisting of their peers, rather than the administrative authority overseeing workers' compensation claims. FELA does not restrict the amount of damages an injured worker could receive, whereas workers' compensation claims do. The distinction between the two statutes is crucial to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love has been injured as an employee of a railroad it is crucial to speak with a knowledgeable FELA lawyers. Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak to a lawyer. We're ready to help you maximize the benefits available under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated Legal Counsel (DLC). 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 situation by telephone or in person. Our attorneys also operate on a contingency basis, which means you don't pay unless we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers compensation, which provide the same amount of benefits regardless of who was 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 financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Workers' compensation, on the contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disability that is often lower than what the worker is losing. The FELA law applies to railroads that operate in interstate or international commerce, and permits injured employees and their family members to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a great place to start your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. Consult an attorney if you require additional assistance. Many workers are unaware that FELA provides railroad employees with specific protections. Though many people believe that FELA and state workers' compensation laws are the same, they are very different. Railroad workers injured in an accident should be aware of the distinctions between these two kinds of claims to receive the most effective representation. A qualified lawyer can assist the family of a railway worker who has passed away, or injured understanding the various types of damages they can claim. The injured person can receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.