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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured 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 prevail in a FELA claim railroad workers must prove two things. First, the injury must be caused by the negligence of their employer. Workers' Compensation vs. FELA While workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses however, the two laws differ in a number of ways. In particular, FELA is only applicable to railroad workers, while workers' comp applies to a broad range of public and private jobs. FELA and workers' compensation differ in the way they determine the degree of fault and the way in which damages are awarded and where cases are tried. FELA was passed because the risk of injury to railroad workers is high. Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job. To be eligible for compensation under FELA the worker must prove the employer violated the federal law or regulation relating to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by' compensation, including suffering and pain. Contrary to claims under workers' compensation that are typically restricted based on the injury suffered, a FELA is able to seek compensation for non-economic losses that include emotional distress or loss of enjoyment of living. The distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must prove that the company was at very least partially responsible for the injury. If the injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced. For example, 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 accountable for their injuries. Workers' compensation has an earlier filing time for a claim than the FELA case. In the case of a FELA case the statute of limitation is three years from the date of your injury while in a workers' compensation claim, the statute of limitations is one year. It is therefore important to consult an FELA lawyer who has experience as soon as you can after your injury. FELA vs. State Law If a railroad worker is injured while working, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' compensation statutes which offer benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently an effective FELA claim requires proof that the railroad was negligent and that the negligence was responsible for the injury of the worker. The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Before the enactment this law, railroad employee death and injury rates were high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for the FELA. FELA claims are similar to claims for workers compensation in that they cover lost wages, medical costs and pain and suffering damages. These damages are based on the fact that the railroad was responsible for the death or injury due to its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury or death, was caused in part or in full by such negligence. FELA cases have improved tort law by creating precedents for issues like railroad emotional distress as well as damages distribution and working conditions requirements. FELA claims particularly have drawn national attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. An experienced attorney for railroads can help an injured railroad worker receive the full amount of benefits to which he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If a worker suffers an injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws provide similar benefits such as financial compensation and medical coverage. However, they are different in important ways. Unlike workers' comp which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has 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. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required. Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a group of peers, not the authority in charge of administrative matters that manage workers' compensation claims. Additionally, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker, while workers compensation claims limit damages in accordance with a set schedule. It is crucial to understand the distinction between these two statutes, especially for railroad workers who aren't covered under state laws on workers' compensation. They have to take their cases to FELA. If fela lawsuits or someone close to you was injured as a railroad employee it is essential that you speak with experienced FELA lawyers. To find out more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to assist you receive the best benefits 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 no-cost consultations, and are available by phone or in person to discuss your case. Our lawyers also operate on a contingency basis which means that you don't pay unless we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers in injuries claims. Unlike workers compensation, which provide an amount that is fixed regardless of who is at fault for the accident, 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 and lost earnings (including future earning capacity) and death benefits and suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which usually does not cover a worker's true losses. The FELA law applies to railroads that are involved in international or global trade. It permits injured employees, as well as their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good starting point to start your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to certain resources may require an account password. This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to be legal advice. You should consult with an attorney if you need assistance. Many workers are unaware that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are similar but they are vastly different. Injured railroad workers should be aware of the differences between these two types of claims to get the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad employee to comprehend the various types of damages available for their claim. The injured worker will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.