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fela lawyer ? LiabilityIf railroad workers suffer injuries at work, they are faced with particular legal challenges. 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).In order to prevail in a FELA claim, railroad workers must prove two things. First the injury must be the result of the negligence of their employer.Workers' Compensation vs. FELAWorkers compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However they differ in couple of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of public and private jobs. FELA and workers' compensation are also different in terms of who determines the degree of fault and how damages are determined, and where and how cases are decided.The risk of being injured is high for people working on railroads This is the reason FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event they were injured on the job. To receive compensation under FELA the worker must prove that their employer violated a federal law or regulation that relates 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 past and future loss of wages and medical treatment, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to a workers' comp claim, which is typically restricted to a maximum amount based upon the severity of injuries however, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.The distinction between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker must prove that the company was at minimum partially responsible for the injury. If a worker is found to be at fault for their injury the amount of damages could be reduced. For example when an employee was directed to do something in violation of company policy and suffered injuries in the process, the company could be held 50 percent accountable for their injuries.Workers' compensation requires an earlier filing time for a claim than the FELA case. In a FELA case, the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim the statute of limitations is one year. This is why it is crucial to contact an experienced FELA lawyer immediately following your injury.FELA vs. State LawIf a railroad worker gets injured while working the worker can file a claim under workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws, which provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Therefore an effective FELA claim requires evidence that railroad negligence was at play and that negligence was responsible for the injury of the worker.The FELA was passed in 1908 and was intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the passage of this law, the death and injury rates among railroad employees were extremely high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws.In general it is the case that the majority of FELA claim must be filed in a federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was liable under the FELA.Like workers compensation and workers' compensation, like workers' compensation, a FELA claim provides the injured worker with lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or a violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the death or injury was caused in whole or in part by the negligence.FELA cases have improved tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions standards. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that their employees are safe in their workplace. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may stay while traveling to work. A good railroad attorney can assist a railroad worker get the full benefits that they are entitled to under FELA.FELA in opposition to. State Workers' Compensation LawsIf a worker is injured while on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, cash payments, and future earnings loss but they differ in important ways.In contrast to workers' compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law which caused 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 a workers' compensation claim due to the fact that evidence of negligence must be proven.FELA allows injured railroad workers to have their cases considered by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be granted to an injured worker and workers compensation claims limit damages according to a pre-determined timetable.It is important to know the difference between these two laws, especially for railroad workers who aren't covered by state workers' compensation laws. They have to be pursuing their cases under FELA. If you or someone close to you has been injured by an employee of a railroad it is essential that you speak with experienced FELA lawyers.Grossman Law Offices can help you understand the differences between the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We're here to help you receive the best benefits from 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 telephone or in person to discuss your case. Our lawyers also operate on a contingency fee, which means you don't pay unless we succeed in your case.FELA Vs. State Workers' Compensation StatutesThe Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injuries claims. In contrast to workers' compensation, which pays an amount that is fixed regardless of the cause, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits and suffering and pain. In contrast workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover the true costs of a worker.The FELA law is applicable to railroads that are involved in international or global trade. It allows injured employees and their families, to sue their employers for damages directly resulting from the company's negligence. This LibGuide is a great place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be legal advice. You should consult with an attorney should you require additional assistance.Many workers are unaware that FELA offers railroad workers special protections. Many people mistakenly believe that FELA is like the state laws governing workers' compensation, but they are not. Railroad workers who have been injured should be aware of the differences between these two types of claims in order to get the best representation. A skilled lawyer can assist the family of a railroad worker who has passed away, or the injured employee in understanding the various kinds of damages that they are entitled to. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you're a railway worker injured on the job, consult a firm of Designated Legal Counsel.