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Workers Compensation Vs Federal Employers? LiabilityRailroad workers face unique legal hurdles when they suffer injuries while on the job. Contrary to the majority of workers' compensation 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 demonstrate two things. First the injury must be proven to be the result of the negligence of their employer.FELA Vs. Workers' CompensationWorkers compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a broad range of jobs in both the public and private sectors. FELA and workers' compensation also differ in regards to who decides the degree of fault, how damages are awarded and the manner in which cases are tried.The risk of being injured is very high for those working on the railroad This is the reason FELA was enacted in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of an injury on the job. To be fela claims railroad employees for compensation under FELA the worker must prove that the employer violated the federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.FELA also provides compensation for pain and suffering, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is typically limited to a certain amount based on injuries and other injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.The main distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury. If an injury suffered by a worker is found to be their fault, their damages could be reduced. For example when a worker was instructed to perform a task that was not in line with company policy and were hurt as a result the company could be held 50 percent responsible for their injuries.Workers' compensation has a faster timeline for filing a claim than the FELA case. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury.FELA in vs. State LawIf a railroad worker gets injured while working the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. Consequently an effective FELA claim requires evidence that the railroad was negligent and that such negligence contributed to causing the worker's injury.The FELA law, which was enacted in 1908, was enacted to provide compensation for railroad workers who are injured because of the nature of their job. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws.In general it is the case that a FELA claim must be filed in federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. For example, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was liable under the FELA.FELA claims are similar to claims for workers' compensation in that they cover lost wages, medical costs and pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused partially or in totality due to the negligence.FELA cases have influenced tort law through the creation of precedents in areas such as a railroad emotional distress and damages allocation, as well as working conditions standards. In particular, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site locations like hotels that private parties use where railroad employees may stay while traveling for business reasons. Railroad attorneys can help a railroad worker who has been injured to receive the full benefits he or is entitled to under FELA.FELA Vs. State Workers' Compensation LawsIf a worker suffers an injury on the job, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits such as cash payouts and medical coverage. However they differ in a number of important ways.Contrary to workers' compensation, which allows employees apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer did not comply with a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.FELA allows railroad workers who are injured to have their cases ruled by a panel of their peers, rather than the authority that oversees administrative workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be given to injured workers, while workers compensation claims limit damage awards based on a pre-determined schedule.It is crucial to understand the difference between these two statutes, especially for railroad workers who are not covered by state laws on workers' compensation. They must take their cases to FELA. If you or a loved one has been injured as a railroad employee, it is important to speak with experienced FELA lawyers.Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We are prepared to help you pursue the maximum benefits that are available under FELA. Click here to visit the National Division BLET's site to find a qualified Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case by telephone or in person. Our lawyers also operate on a contingency basis which means that you don't pay until we win your case.FELA against. State Workers' Compensation StatutesThe Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers compensation, which provide an amount that is fixed regardless of who was responsible for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.FELA also covers medical expenses as well as lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a fixed amount of money to cover long-term disabilities, which is often far less than the amount the worker is losing.The FELA law applies to railroads that are involved in international or global trade. It permits injured employees, as well as their families, to sue their employer for damages directly resulting from the negligence of the company. This LibGuide provides a starting point for research on this topic. The LibGuide includes links to online resources on the Villanova Law Library website. Some of these websites require a password to access.This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to provide legal advice. Consult an attorney should you require additional assistance.Many workers are unaware that FELA offers railroad workers specific protections. While many believe that FELA and state workers' compensation laws are similar, they are very different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order they can receive the best representation. A skilled lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the various types of damages that they are entitled to. The person who has been injured will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad employee who has been hurt on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.