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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they are injured on the job. 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 prove two things. First the injury must be caused by the negligence of their employer. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public sector jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded and the method by which and when cases are heard. FELA was passed due to the risk of injury for railroad workers is very high. Congress passed the law to safeguard family members and employees in the event of being injured while working. In order to receive compensation under FELA, the worker must demonstrate that their employer violated a federal statute or regulation relating to safety at work. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. FELA also offers compensation for suffering and pain that are not covered by workers' comp. In contrast to a workers' compensation claim, which is usually capped at an amount based upon the severity of injuries, the FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The main difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If a worker's injury is determined to be attributable to them, their damages could be reduced. For instance when an employee was directed to perform a task that was against company policy and they were injured in the process, the company could be held 50% responsible for their injuries. Workers' compensation cases require shorter timeframes to submit claims. In a FELA claim, the statute of limitation is three years from the date the injury occurred, but in a workers' comp case, it is one year. Therefore, it is important to consult a FELA lawyer experienced in the earliest time you can after your injury. FELA vs. State Law If a railroad employee gets injured at work, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws that provide benefits regardless of who was responsible for the injury, FELA is a liability statute. 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 designed to compensate railroad employees who have suffered injuries due to the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This sparked the need to provide railroad employees with extensive coverage that is greater than workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad who claimed that his employer was liable under the FELA. FELA claims are similar to workers compensation in that they compensate for lost wages, medical costs as well as pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the injury or death due to its negligence or a violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or in totality due to the negligence. FELA cases have influenced tort law by establishing of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. FELA claims particularly, have brought federal attention to an employer's obligation to provide a safe and secure work environment for its workers. This includes off-site locations such as private hotels, which railroad employees may stay when traveling for business. The right railroad attorney can help an injured railroad worker get the full benefits to which he or she is entitled under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while on the job then he or she may file for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including cash payouts and medical coverage. However, they are different in important ways. Contrary to workers' compensation which allows employees to file without proving that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law that led to their injuries. fela accident attorney includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because the evidence of negligence has to be proven. Additionally, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a group of peers, not the administrative authority that oversees workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers and workers' compensation claims limit damages based on a pre-determined schedule. The difference between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you love has been injured by a railroad employee it is essential that you speak with a professional FELA lawyers. To learn more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to help you pursue the maximum benefits that are available under FELA. To locate a reputable 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 offer free consultations and are able to discuss your case over the telephone or in person. Our attorneys also operate on a contingency basis, which means you don't pay until we are successful in settling your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers in injury claims. In contrast to workers compensation, which offers a fixed 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. FELA also covers medical expenses and lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical care and a predetermined amount of money to cover long-term disabilities, which is often far less than what an individual loses. The FELA law applies to railroads that are involved in global or interstate commerce. It permits injured employees and their families, to sue their employer for damages directly resulting from the company's negligence. This LibGuide provides a starting point for further research on this subject. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these websites require a password to access. This LibGuide was designed as a study aid for Villanova Law students. This guide is not intended to be taken as legal advice. If you need more assistance seek advice from an attorney. Many workers do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are the same, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims in order that they can get the most effective representation. In the case of an injury, a qualified lawyer can help the injured employee or family members of a deceased railroad employee to comprehend the various types of damages that are available to their claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad worker injured on the job, consult an organization of Designated Legal Counsel.