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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured on the job, they face unique legal challenges. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To win a FELA case, railroad workers need to establish two things. First the injury must be proven to be the result of the negligence of their employer. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to compensate employees who suffer from work-related illnesses or injuries. However they differ in few ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs within the public and private sectors. FELA and workers' compensation are also different in the way they determine the fault, how damages are awarded, and where and how cases are handled. The risk of injury is a high risk for workers on railroads, which is why FELA was adopted in 1908. Congress passed the law to protect workers and their families in the event of being injured while working. In order to be compensated under FELA the worker must show the employer violated a federal law or regulation related to workplace safety. Examples include a violation 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 pain and suffering. In contrast to claims for workers' compensation which are usually restricted based on the injury suffered, a FELA is able to seek compensation for noneconomic damages like emotional stress or loss of enjoyment living. A difference between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If the injury suffered by a worker is determined to be the fault of the company their damages can be reduced. For instance in the event that an employee was directed to do something that was not in line with company policy and were hurt due to the incident the company could be held 50 percent responsible for their injuries. Workers' compensation requires an earlier timeframe for filing an claim than the FELA case. In a FELA claim, the statute is three years from the date the injury occurred, but in a workers' comp case, it's one year. This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury. FELA vs. State Law When a railroad worker is injured on the job, he or she may make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that the negligence resulted in the injuries suffered by the worker. The FELA, which was passed in 1908, is designed to provide compensation for railroad workers who are injured because of their job. Prior to the passage of this law, railroad employee accident and death rates were high. This sparked the need to offer railroad workers a extensive coverage that is greater than the workers' compensation laws. A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state court. For instance, a recent case in Tennessee, Mills v. CSX involved an employee of a railroad that his employer was responsible under the FELA. Like workers' compensation and workers' compensation, a FELA claim compensates the injured worker with lost wages, medical expenses and the cost of suffering. These damages are based on the notion that a railroad was responsible for the death or injury due to its negligence or violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused in part or in full by such negligence. FELA cases have improved tort law by establishing precedent for issues such as emotional distress on the railroad and damages distribution as well as working conditions requirements. Particularly, FELA claims have brought national attention to an employer's duty not delegated to ensure that its employees are provided with a safe workplace. This includes off-site locations like private hotels where railroad workers may stay while on business. A railroad attorney can help a railroad worker who has suffered injuries to obtain the full benefits is entitled to under FELA. FELA in opposition to. State Workers' Compensation Laws If workers are injured while working and suffers an injury on the job, they can apply for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, cash payouts, and future earnings loss however, they differ in significant ways. In contrast to workers' compensation, which allows employees to file a claim without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that led to their injuries. This includes laws such as the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims since proof of negligence is required. In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and be ruled on by a panel of their colleagues rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not also limit the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you was injured as a railroad employee, it is important to speak with a knowledgeable FELA lawyers. To know 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 from 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 person to discuss your case. Our lawyers are on a contingent basis, which means that you won't be charged unless we win. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers' compensation, which provides an amount that is fixed regardless of who is responsible for the incident, FELA cases are decided by juries based on 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 pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which usually does not cover a worker's true losses. The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. It includes links to various online resources on the Villanova Law Library's website. Access to some of these resources might require an account password. fela claims railroad employees is intended to serve as a study supplement for Villanova law students. This guide is not intended to constitute legal advice. Please consult an attorney should you require assistance. Many workers are unaware that FELA is a unique piece of legislation that grants special protections to railroad workers. Many people believe that FELA is like state laws on workers' compensation but they're not. Railroad workers who have been injured must be aware of the differences between the two types of claims in order they can receive the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away or injured in understanding the various types of damages available to them. This will allow the injured person to receive the maximum recovery allowed under FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.