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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries at work, they face unique legal challenges. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act. To win a FELA case railroad workers must demonstrate two things. First, the injury must be the result of their employer's negligence. Workers' Compensation vs. FELA While workers compensation and FELA both attempt to compensate workers for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs in both the public and private sectors. FELA and workers' compensation are also different in terms of who determines fault and the way in which damages are awarded and the manner in which cases are tried. FELA was passed because the risk of injury for railroad workers is high. 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 prove that their employer has violated the federal law or regulation relating to safety at work. fela accident attorney 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 which aren't covered under workers compensation, such as pain and suffering. Unlike a workers' compensation claim, which is typically capped at an amount based on injuries however, the FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment of life. A distinction between FELA compensation and workers compensation is that in order to receive compensation under FELA the worker must show that the company was at very least partially responsible for the injury. If an injury suffered by a worker is found to be their fault their damages can be reduced. For instance when a worker was instructed to do something not in line with company policy and were injured due to the incident the company could be held 50 percent accountable for their injuries. Workers' compensation cases have an earlier time frame to file a claim. In the case of a FELA case, the statute of limitations is 3 years from the date of your injury while in the case of workers' compensation the statute of limitations is 1 year. This is why it is important to consult a seasoned FELA lawyer immediately following your injury. FELA in vs. State Law When a railroad worker is injured while working, he or she may make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes which offer benefits regardless of who is at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in the worker's injuries. The FELA legislation, which was passed in 1908, was designed to compensate railroad employees who are injured because of their job. Prior to the passing of this law, the death and injury rates among railroad workers were very high. This led to the need to provide railroad employees with complete coverage, which is higher than the workers' compensation laws. In general, a FELA claim must be filed in federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA. Like workers' compensation and workers' compensation, a FELA claim is a way to provide the injured worker with compensation for lost wages and medical expenses as well as damages for pain and suffering. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or a violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the death or injury was caused in whole or in part due to the negligence. FELA cases have influenced tort law by establishing of precedents in areas such as emotional distress on the railroad and damages allocation as well as 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 workers are safe in their workplace. This includes off-site facilities like private hotels where railroad employees can stay when traveling for business. Railroad attorneys can help those who have been injured receive the full benefits she is eligible for under FELA. FELA vs. State Workers' Compensation Laws If workers are injured while working and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including financial compensation and medical coverage. However they differ in a number of important ways. Contrary to workers' compensation, which allows employees claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has 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 (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 evidence of negligence must be provided. FELA allows railroad workers who are injured to have their cases considered by a group consisting of their peers, and not the administrative authority responsible for deciding workers' compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may be given to injured workers, while workers' compensation claims limit damages according to a pre-determined timetable. The difference between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you know was injured while working as a railroad employee, it is essential to speak with a professional FELA lawyers. To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations, and are available by phone or person to discuss your case. Our lawyers are on a contingency basis, which means that you will not be charged unless you succeed. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp which provides an amount that is fixed regardless of the fault, FELA cases will be decided by juries on the basis of 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) as well as death benefits as well as pain and suffering. Workers' compensation, on the other hand, offers only temporary medical treatment and a fixed amount of money to cover long-term disabilities, which is often far less than the amount a worker has lost. The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their family members to file an action against their employer for any damages resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. It also provides links to a variety of online resources on the Villanova Law Library's 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 be taken as legal advice. If you require more help seek advice from an attorney. Many people are unaware that FELA provides railroad employees with special protections. Many people believe that FELA is similar to the state laws governing workers' compensation, but they are not. Railroad workers injured in an accident should be aware of the distinctions between these two types of claims to get the best representation. A qualified lawyer can assist the family of a railway worker who has passed away or injured understanding the different types damages they can claim. The person who has been injured can receive the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.