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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles 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 win a FELA case railroad workers must demonstrate two things. First, that the injury occurred as a result of the negligence of their employer. FELA against. Workers' Compensation Workers compensation and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However they differ in a couple of ways. FELA only applies to railroad workers, whereas workers' compensation applies to a variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and how and where cases are heard. FELA was passed due to the risk of injury to railroad workers is very high. Congress passed the law to protect the families of workers in the event that they are injured while working. In order to be compensated under FELA the worker must prove their employer has violated any federal law or regulation related to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. In contrast to a workers' compensation claim, which is generally capped at an amount based on the severity of injuries, a FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life. The distinction between FELA compensation and workers compensation is that in order to receive compensation under FELA the worker must prove that the employer was at least partially responsible for the injury. If a worker is determined to be at fault for their injury, the amount of their injuries could be reduced. For instance when an employee was directed to do something that was in violation of company policy and were injured in the process the company could be held 50% responsible for their injuries. Workers' compensation requires an earlier filing time for a claim than the FELA case. In fela case settlements of a FELA claim, the statute of limitations is three years from the time your injury occurred, while in a workers' comp case, it's one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law If a worker on the railroad is injured while working, he or she may make a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker. The FELA law, which was enacted in 1908, was designed to provide compensation for railroad workers who have suffered injuries due to the nature of their work. Before the enactment this law, railroad employee deaths and injuries were high. This led to the need provide railroad employees with comprehensive coverage, which exceeds workers' compensation laws. In general the majority of cases, a 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. Similar to workers compensation, like workers' compensation, a FELA claim compensates the injured worker with lost wages as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or in violation of the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused partially or in full by such negligence. FELA cases have benefited tort law by creating precedent for issues such as emotional distress in the railroad, damages distribution and working conditions requirements. In particular, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are protected in their workplace. This includes off-site places such as private hotels, which railroad employees may stay while on business. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits he or can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured while working and suffers an injury on the job, they can claim workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, like medical coverage, cash payments and loss of future earnings however, they differ in significant ways. Unlike workers' compensation, which allows workers to file without proving that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to their injuries. This 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 as the evidence of negligence must be presented. Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and get their case decided by a group of their peers rather than the administrative authority who oversees workers compensation claims. Lastly, FELA does not put an upper limit on the amount of damages that can be awarded to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule. The distinction between the two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone close to you has been injured as a railroad employee it is crucial to speak with a professional FELA lawyers. To find out more about the differences between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to assist you get the most benefits available under FELA. Click here to go to the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available via phone or in person to discuss your case. Our lawyers work on a contingent basis, meaning you will not be charged until we prevail. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which provides a fixed amount regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also provides medical expenses as well as lost wages (including future earning potential) and death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability. This usually falls far short of covering the true costs of a worker. The FELA law is applicable to railroads involved in interstate or global commerce. It allows injured employees, as well as their families to sue their employers for damages directly caused by the company's negligence. This LibGuide provides a starting point for research on this topic. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to some of these resources might require a password. This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to provide legal advice. Please consult an attorney if you need additional assistance. Many people do not realize that FELA is a unique piece of legislation that grants specialized protections to railroad employees. Many people mistakenly believe that FELA is like the state laws governing workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure they can receive the most effective representation. A qualified lawyer can assist the family of a railway worker who has passed away, or the injured employee in understanding the various types of damages they can claim. This will enable the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad employee who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.