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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they face unique legal issues. In contrast to most workers insurance laws, railroad workers have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA). To prevail in a FELA case, railroad workers need to demonstrate two things. The first is that the injury was the result of negligence by their employer. fela settlements against. Workers' Compensation While workers' compensation and FELA both seek to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of public and private jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard. FELA was enacted because the risk of injury for railroad workers is extremely high. Congress passed this law to protect workers, their families and themselves in the event of an injury while working. To receive compensation under FELA the worker must show the employer violated the federal law or regulation that relates to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law. FELA also offers compensation for pain and suffering, which are not covered by workers' compensation. In contrast to claims for workers' compensation which are usually capped based on the injuries sustained, FELA can seek compensation for non-economic losses that include emotional stress or loss of enjoyment of living. The main difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the company was at very least partially responsible for the injury. If a worker is determined to be the cause of their injuries, the amount of their injuries could be reduced. If a worker is injured because they were instructed to violate company policy, and the company is held 50% responsible, for example, then the company may be held to be 50% responsible. Workers' compensation cases require a shorter timeline to file an claim. In a FELA case the statute of limitation is three years from the date of your injury when in a workers' compensation case, the statute of limitations is one year. This is why it is crucial to contact an experienced FELA lawyer as soon as you can after your injury. FELA vs. State Law If a railroad worker gets injured on the job, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Therefore an effective FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury to the worker. The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad employee death and injury rates were high. This led to the need for a comprehensive coverage that went beyond 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 courts. For instance an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was responsible under the FELA. Like workers' compensation as well, like workers' compensation, a FELA claim compensates the injured worker with wages lost as well as medical expenses, the cost of 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, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must show that the injury or death was caused in whole or in part by the negligence of the railroad. FELA cases have improved tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims specifically, have brought federal attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site locations such as private hotels, which railroad employees may be able to stay when on business. An attorney for railroads can assist a railroad worker who has been injured receive the full amount of benefits can claim under FELA. FELA vs. State Workers' Compensation Laws If a worker is injured on the job then he or she may claim workers' compensation benefits or sue his employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payouts and loss of future earnings, they differ in important ways. Unlike workers' comp which permits employees to claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has 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, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that the evidence of negligence has to be proven. In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and have their case determined by a panel of their peers, not the administrative authority who oversees workers' compensation claims. In addition, FELA does not put a cap on the amount of damages that may be awarded to an injured worker while workers' compensation claims limit damages according to a pre-determined timetable. It is essential to understand the distinction between these two statutes, especially for railroad employees who are not covered by state laws on workers' compensation. They must pursue their cases under FELA. If you or someone close to you has been injured as a railroad employee, it is important to consult with a professional FELA lawyers. Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with an attorney. We're prepared to assist you maximize the benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are willing to discuss your case over the telephone or in person. Our lawyers work on a contingent basis, meaning you will not be charged unless you prevail. FELA vs. State Workers' Compensation Statutes The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers in injury claims. Contrary to workers' compensation, which provides an amount that is fixed regardless of who is responsible for the incident, FELA cases are decided by juries based on 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 pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover the actual losses of a worker. The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their families to bring a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. It also provides links to a variety of online resources available on the Villanova Law Library's website. Access to some of these resources might require a password. This LibGuide is intended to serve as an educational supplement for Villanova law students. Nothing in this guide should be construed as legal advice. If you need more assistance, please consult an attorney. Many people do not realize that FELA is a unique piece of legislation that grants special protections to railroad workers. Many people believe that FELA is similar to the state laws governing workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the differences between the two types of claims so they can receive the best representation. In the case of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. The injured person will be entitled to the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.