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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal hurdles when they suffer injuries while on the job. Unlike 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 must demonstrate two things. First the injury must be proven to have been caused by their employer's negligence. FELA Vs. Workers' Compensation While workers' compensation and FELA both are designed to compensate employees for work-related injuries or illnesses, these two laws differ in a number of ways. FELA only applies to railroad workers whereas workers' compensation applies to a broad range of jobs in both the private and public sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded and how and where the cases are decided. FELA was passed due to the risk of injury to railroad workers is high. Congress passed this law to protect workers, their families and themselves in the event of injury on the job. To be eligible for compensation under FELA, the worker must demonstrate that their employer violated the federal law or regulation that relates to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law. FELA also provides compensation for suffering and pain, which are not covered by workers' comp. In contrast to claims for workers' compensation that are typically capped based on the injuries suffered, a FELA is able to seek compensation for non-economic losses, such as emotional distress or loss of enjoyment living. The main difference 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 the least partially responsible for the injury. If an injury suffered by a worker is determined to be the fault of the company, their damages could be reduced. For example in the event that a worker was instructed to do something in violation of company policy and suffered injuries in the process, the company could be held 50% accountable for their injuries. Workers' compensation is an earlier filing time for claims than the FELA case. In the case of a FELA claim, the statute is three years from the date your injury occurred, while in a workers' comp case, it's one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as possible after your injury. FELA Vs. State Law If a worker on the railroad is injured while working, he or she may file a claim under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that this negligence caused the worker's injuries. The FELA legislation, which was passed in 1908, was enacted to compensate railroad employees who have been injured due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were extremely high. This led to the need for a comprehensive insurance that goes beyond workers' compensation laws. 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. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was responsible for the FELA. FELA claims are similar to claims for workers compensation claims in that they compensate for the loss of wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death because of its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the death or injury was caused in total or in part because of the negligence. FELA cases have improved tort law through the creation of precedents for issues like a railroad emotional distress, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to an employer's duty not delegated to ensure that their employees are safe in their workplace. This includes off-site facilities like hotels that are private, which railroad employees may stay while on business. The right railroad attorney can help an injured railroad worker obtain the full amount of benefits to which he or she is entitled under FELA. FELA Vs. State Workers' Compensation Laws If a worker suffers an injury while on the job or at work, they may seek workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, financial payments, and future earnings loss but they differ in important ways. Unlike workers' compensation, which allows employees to file without proving their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that led to their injuries. This includes laws such as 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, since proof of negligence is required. FELA allows railroad workers injured by a crash to have their cases considered by a panel of their peers, not the authority that oversees administrative workers' compensation claims. FELA also does not limit the amount of compensation an injured worker can be awarded, whereas workers' compensation claims do. It is important to know the distinction between these two statutes, particularly for railroad workers who aren't covered under state workers' compensation laws. They have to take their cases to FELA. If you or someone you know has been injured on the job as a railroad worker it is crucial to speak with experienced FELA lawyers. To learn more about the distinctions between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you receive the best benefits under FELA. Click here to visit the National Division BLET's website to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available via phone or person to discuss your case. Our attorneys are on a contingency basis, meaning you won't be charged unless we prevail. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which offers the same amount of benefits regardless of who is responsible for the incident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards. FELA also covers medical expenses, lost wages (including future earning potential), death benefits, along with pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability that is often lower than what a worker has lost. The FELA law applies to railroads that are involved in global or interstate commerce. It permits injured employees, as well as their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good starting point for further research on this subject. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these resources require a password for access. This LibGuide was designed as a study aid to Villanova Law students. fela railroad settlements is not intended to constitute legal advice. Please consult an attorney if you need assistance. Many workers are unaware that FELA provides railroad employees with special protections. While many believe that FELA and state workers' compensation laws are the same however, they are quite different. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they can get the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. The injured person can receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured on the job, you should consult an organization of Designated Legal Counsel.