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Workers Compensation Vs Federal Employers? LiabilityRailroad workers face unique legal challenges when they suffer injuries at work. Railroad employees, unlike many workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.To prevail in a FELA case, railroad workers need to prove two things. First, they must prove that the injury was the result of their employer's negligence.Workers' Compensation vs. FELAWhile workers compensation and FELA both attempt to compensate workers for work-related injuries or illnesses however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers whereas workers' compensation applies to a broad range of jobs within the private and public sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, and how much damages are awarded and how and where cases are heard.The risk of being injured is a high risk for workers on the railroad and that's why FELA was enacted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured on the job. In order to be compensated under FELA workers must prove that their employer violated a federal statute or regulation that relates 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 past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers' compensation, including pain and suffering. Contrary to claims under workers' compensation that are typically restricted based on the injury sustained, FELA can seek compensation for non-economic losses, such as emotional distress or loss of enjoyment of living.Another distinction between FELA and workers' compensation is that to be eligible for compensation under FELA workers must prove that the employer was at least partially accountable for their injury. If an injury suffered by a worker is found to be the fault of the company, their damages could be reduced. If a worker is injured because they were instructed to violate company policy and the company was found to be 50% responsible, for example, then the company may be held at 50% accountable.Workers' compensation is an earlier timeframe for filing a claim than the FELA case. In a FELA case the statute of limitations is 3 years from the date of your injury, however, in a workers' compensation claim the statute of limitations is one year. It is therefore important to consult a FELA lawyer experienced in the earliest time you can after the injury.FELA vs. State LawWhen a railroad worker is injured while working and suffers an injury, they can make a claim 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. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in injuries to the worker.The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who are injured because of their job. Prior to the enactment of this law, railroad worker death and injury rates were high. This led to the need for a comprehensive coverage that went beyond the laws governing workers' compensation.A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was liable under the FELA.Similar to workers compensation as well, like workers' compensation, a FELA claim is a way to provide 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 was responsible for the death or injury because of its negligence or in violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must prove that the death or injury was a result of the whole or in part due to such negligence.FELA cases have helped improve tort law by creating precedents for issues like emotional distress on the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are provided with a safe workplace. This includes off-site places such as private hotels where railroad employees may stay while traveling for business purposes. Railroad attorneys can help a railroad worker who has been injured to receive the full benefits can claim under FELA.FELA Vs. State Workers' Compensation LawsIf a worker is injured while working and suffers an injury on the job, they can claim workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However 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 the federal safety laws 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. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence must be provided.In addition, FELA cases allow injured railroad workers to take their case to a jury trial and get their case decided by a group of colleagues rather than the administrative authority that oversees workers compensation claims. In addition, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker, while workers' compensation claims limit damages in accordance with a set schedule.The distinction between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you know has been injured while working as a railroad worker, it is important to talk 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 are prepared to help you maximize the benefits under FELA. fela settlements to visit the National Division BLET's website to locate an experienced 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 by phone or in person to discuss your case. Our lawyers work on a contingent basis, meaning that you will not be charged until we succeed.FELA vs. State Workers' Compensation StatutesThe Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injuries claims. In contrast to workers compensation, which offers a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers' compensation, on the contrary, provides only temporary medical treatment and a predetermined amount of money to cover long-term disabilities which is usually lower than what an individual loses.The FELA law is applicable to railroads that are involved in interstate or global commerce. It permits injured employees, as well as their families to sue their employer for damages directly caused by the negligence of the company. This LibGuide is a good starting point for research on this topic. The LibGuide contains links to online resources available on the Villanova Law Library website. Access to some of these resources might require the use of a password.This LibGuide was designed as a study aid for Villanova Law students. This guide is not intended to 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 offers specialized protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims so that they receive the best representation. A lawyer with experience can help the family of a railway worker who has passed away, or injured understanding the various types of damages that they are entitled to. The injured worker will be able to receive the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.