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Workers Compensation Vs Federal Employers? Liability If railroad workers suffer injuries on the job, they face unique legal issues. Railroad workers, unlike other 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 case railroad workers must demonstrate two things. First the injury must be the result of their employer's negligence. FELA vs. Workers' Compensation Workers' compensation and FELA are both designed to compensate employees who are afflicted by work-related injuries or illnesses. However, they differ in a couple of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of private and public jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded and the method by which and where the cases are decided. fela lawyers of being injured is a high risk for workers on railroads This is the reason FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event of being injured on the job. In order to be compensated under FELA the worker must show their employer violated a federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law. FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Contrary to claims under workers' compensation which are usually restricted based on the injury sustained, FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment of living. Another difference between FELA and workers compensation is that to be eligible for compensation under FELA the worker must show that the company was at least partly responsible for their injuries. If an injury suffered by a worker is found to be the fault of the company, their damages could be reduced. If a worker gets hurt because they were told to do something against company policy and the company was found to be 50% accountable, for example, then the company may be held to be 50% responsible. Workers' compensation cases require an earlier time frame to file claims. In a FELA case the statute of limitation is 3 years from the date of your injury when in a workers' compensation case the statute of limitation is 1 year. It is therefore important to consult an FELA lawyer with experience as soon as you can after your injury. FELA vs. State Law If a worker on the railroad is injured on the job and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of fault, FELA is a statute of liability. Thus the successful FELA claim requires proof that the railroad was negligent and that the negligence was responsible for the injury to the worker. The FELA was passed in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passing of this law, injury and death rates among railroad workers were quite high. This led to the need to provide railroad workers with extensive coverage that is greater than the workers' compensation laws. In general, an FELA claim is filed in federal court since the FELA is a federal law. FELA claims can be filed in state court. For instance, a recent case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA. FELA claims are similar to workers' compensation in that they provide lost wages, medical costs and pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the injury or death due to its negligence or in violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the injury or death was caused in whole or in part because of the negligence. FELA cases improved tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought national attention to the issue of the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site locations such as private hotels in which railroad workers may stay while traveling to work. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits is entitled to under FELA. FELA Vs. State Workers' Compensation Laws If a worker is injured on the job, injury on the job or at work, they may seek workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, cash payouts and loss of future earnings, they differ in important ways. Unlike workers' compensation, which allows employees to file without proving that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that led to their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as evidence of negligence must be presented. FELA allows railroad workers who are injured to have their cases decided by a group consisting of their peers, rather than the administrative authority overseeing workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be granted to an injured worker while workers' compensation claims limit damage awards according to a pre-determined timetable. The difference between the two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you has been injured as an employee of a railroad, it is important to speak with a professional FELA lawyers. To find out more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are ready to help you receive the best benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by phone or person to discuss your case. Our lawyers also work on a contingency basis, which means you don't pay until we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers for injury claims. Unlike workers compensation, which provide an amount that is fixed 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. FELA also provides medical expenses as well as lost wages (including future earning potential), death benefits, along with suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often falls far short of covering the true costs of a worker. The FELA law applies to railroads operating in interstate or international commerce, and allows injured employees and their family members to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide provides a starting point to research this issue. It provides links to various online resources available on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide was created as a study aid for Villanova Law students. Nothing in this guide should be taken as legal advice. If you require further assistance you should consult an attorney. Many workers are unaware that FELA is a unique piece of legislation that grants specific protections to railroad employees. Many people mistakenly believe that FELA is similar to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they receive the most effective representation. In the case of an injury, a qualified lawyer can help the injured employee or the family members of a deceased railroad worker to understand the different types of damages available for their claim. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.