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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they are injured while on the job. In contrast to most workers insurance laws, railroad workers 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 demonstrate two things. The first is that the injury was the result of the negligence of their employer. FELA Vs. Workers' Compensation While workers compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public jobs. FELA and workers' compensation also differ in the way they determine fault and the way in which damages are awarded, and where and how cases are decided. The risk of injury is a high risk for workers on the railroad and that's why FELA was adopted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of accident on the job. In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation relating to workplace safety. 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. Unlike a workers' compensation claim, which is usually capped at an amount based on injuries, the FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If an injury suffered by a worker is determined to be the fault of the company, their damages could be reduced. If a worker is injured because they were told to follow company policy, and the company was held 50% accountable for instance, the company may be held to be 50% responsible. Workers' compensation is an earlier filing time for a claim than a FELA case. In a FELA case the statute of limitation is three years from date of your injury, when in a workers' compensation claim the statute of limitations is 1 year. This is why it is important to contact an experienced FELA lawyer immediately following your injury. FELA vs. State Law If a railroad employee is injured while at work, he or her may pursue a claim under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws which offer benefits regardless of who is at fault 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 the injuries suffered by the worker. The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Before the enactment this law, railroad employee accident and death rates were high. This led to the need to provide railroad workers with complete coverage, which is higher than workers' compensation laws. In general it is the case that the majority of FELA claim is filed in federal court since the FELA is a federal law. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA. Similar to workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with wages lost as well as medical expenses, damages for pain and suffering. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or a violation of a safety statute 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 partially or completely due to such negligence. FELA cases have influenced tort law by establishing of precedents for issues like emotional distress in the railroad and damages allocation as well as working conditions standards. In particular, FELA claims have brought federal attention to an employer's duty not delegated to ensure that its employees are provided with a safe workplace. This includes off-site facilities such as private hotels where a railroad's workers might stay for business reasons. A good railroad attorney can assist an injured railroad worker get the full benefits to which they are entitled to under FELA. FELA Vs. State Workers' Compensation Laws If workers are injured on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits such as cash payouts and medical coverage. However they differ in a number of important ways. In contrast to workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to their injuries. fela lawyer includes laws like 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 as evidence of negligence is required. FELA allows railroad workers injured by a crash to have their cases ruled by a group consisting of their peers, not the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do. It is essential to understand the difference between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They have to take their cases to FELA. If you or a loved one has been injured as a railroad employee it is crucial that you speak with experienced FELA lawyers. Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We are ready to help you obtain the maximum benefits available under FELA. To find a qualified 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 free consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency fee that means you won't pay unless we succeed in your case. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis 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 as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability. This usually does not cover a worker's true losses. The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide is a good starting point to begin your research. It also provides links to a variety of online resources available on the Villanova Law Library's website. Some of these resources require a password to access. This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to be legal advice. Consult an attorney should you require additional assistance. Many people do not realize that FELA is a unique piece of legislation that grants specialized protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are alike however, they are quite different. Injured railroad workers should be familiar with the differences between these two kinds of claims to receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away or the injured employee in understanding the various types of damages they can claim. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you're a railroad worker injured on the job, you should consult a firm of Designated Legal Counsel.