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Workers Compensation Vs Federal Employers? LiabilityIf railroad workers suffer injuries on the job, they face unique legal issues. Contrary to the majority of workers insurance laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).To win a FELA claim railroad workers must prove two things. First, they must prove that the injury was the result of the negligence of their employer.FELA vs. Workers' CompensationWhile workers' compensation and FELA both attempt to compensate employees for work-related injuries or illnesses However, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a variety of public and private jobs. FELA differs from workers' compensation in that it is determined by the person who caused the accident, and how much damages are awarded, and the manner in which and where cases are heard.The risk of injury is a high risk for workers on railroads and that's why FELA was enacted in 1908. Congress passed the law to protect workers and their families in the event of being injured while working. To receive compensation under FELA the worker must prove that the employer violated the federal law or regulation related to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. Unlike a workers' compensation claim, which is generally capped at an amount based on the severity of injuries, the FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.The distinction between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for the injury. If a worker is determined to be responsible for their injuries the amount of damages could be reduced. If a worker is injured due to being told to do something against company policy and the company was held 50% responsible for instance, the company may be held to be 50% responsible.Workers' compensation has an earlier filing time for a claim than the FELA case. In the case of 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. It is therefore crucial to contact an FELA lawyer experienced in the earliest time you can following your injury.FELA vs. State LawIf a railroad worker is injured at work the employee can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Thus, a successful FELA claim requires evidence that the railroad was negligent and that such negligence played a role in causing the worker's injury.The FELA law, which was enacted in 1908, is designed to compensate railroad workers who are injured because of their work. Prior to fela case settlements of this law, railroad worker accident and death rates were high. This led to the need for a comprehensive coverage that goes beyond the laws governing workers' compensation.In general the majority of cases, an FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was liable for FELA.FELA claims are similar to workers compensation in that they compensate for lost wages, medical costs as well as pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury because of its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA plaintiff must prove that the injury or death was caused in total or in part because of the negligence of the railroad.FELA cases have improved tort law by setting precedents for issues like emotional distress on the railroad as well as damages distribution and working condition standards. FELA claims, in particular have drawn national attention to the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site places like hotels that private parties use where a railroad's workers might stay while traveling for business purposes. An attorney for railroads can assist those who have been injured receive the full benefits is entitled to under FELA.FELA vs. State Workers' Compensation LawsIf workers are injured while working, he or she 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 important ways.Contrary to workers' compensation, which allows employees apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, as evidence of negligence is required.FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, not the authority that oversees administrative workers' compensation claims. In addition, FELA does not put any limit on the amount of damages that may be granted to an injured worker and workers' compensation claims limit damage awards in accordance with a set schedule.The difference between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you know has been injured on the job as a railroad employee, it is essential to speak with experienced FELA attorneys.To find out more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We are ready to help you get the most benefits available under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your situation by telephone or in person. Our lawyers also operate on a contingency basis, which means you don't pay unless we succeed in your case.FELA against. State Workers' Compensation StatutesThe Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation which provides an amount fixed, regardless of fault, FELA cases will be determined 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 suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a set amount of money for long-term disability, which usually falls far short of covering a worker's true losses.The FELA law applies to railroads involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide offers a base to research this issue. The LibGuide contains links to online resources on the Villanova Law Library website. Some of these resources require a password to access.This LibGuide is intended to serve as an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. Please consult an attorney if you require assistance.Many people are unaware that FELA offers railroad workers specialized protections. Many people believe that FELA is comparable to the state laws governing workers' compensation, but they are not. Injured railroad workers should be aware of the differences between these two kinds of claims to obtain the best possible representation. A lawyer with experience can help 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. This will enable the injured person to receive the maximum recovery allowed under FELA. If you're a railroad employee injured on the job, consult a firm of Designated Legal Counsel.