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Workers Compensation Vs Federal Employers? Liability Railroad workers face unique legal challenges when they suffer injuries while on the job. fela lawsuit settlements , unlike many workers' compensation laws, have the right to sue employers under federal law. This is the Federal Employers' Liability Act. To win a FELA case railroad workers must prove two things. First the injury must have been caused by the negligence of their employer. Workers' Compensation vs. FELA Workers' compensation and FELA are both designed to compensate employees who are afflicted by work-related injuries or illnesses. However they differ in number of ways. In particular, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of public and private jobs. FELA and workers' compensation differ in regards to who decides the degree of fault and the way in which damages are awarded and the manner in which cases are tried. The risk of being injured is a high risk for workers on the railroad, which is why FELA was adopted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured while working. In order to be compensated under FELA the worker must prove that their employer has violated the federal law or regulation that pertains 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 suffering and pain that are not covered by workers' compensation. In contrast to a workers' compensation claim, which is usually restricted to a maximum amount based upon the severity of injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment of life. The difference between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must show that the employer was at very least partially responsible for the injury. If a worker is found to be responsible for their injuries, the amount of their damages may be reduced. For instance, if an employee was directed to do something in violation of company policy and were hurt as a result the company could be held 50 percent accountable for their injuries. Workers' compensation cases require a shorter timeline to make claims. In the case of 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. This is the reason it is essential to contact an experienced FELA lawyer immediately following your injury. FELA in vs. State Law If a railroad worker gets injured while working and suffers an injury, they can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore the successful FELA claim requires evidence that railroad negligence was at play and that the negligence was responsible for causing the worker's injury. The FELA legislation, which was passed in 1908, was enacted to provide compensation for railroad workers who are injured because of their job. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This sparked the need to provide railroad employees with extensive coverage that is greater than workers' compensation law. A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA. FELA claims are similar to workers compensation in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was liable for the injury or death because of its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was caused in total or in part because of the negligence. FELA cases have helped improve tort law by creating precedents for issues like emotional distress on the railroad, damages distribution and working conditions standards. In particular, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its workers are protected in their workplace. This includes off-site places like private hotels which railroad employees may stay while on business. An attorney for railroads can assist those who have suffered injuries to obtain the full amount of benefits can claim under FELA. FELA in opposition to. State Workers' Compensation Laws If a worker suffers an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, financial payments and loss of future earnings, they differ in important ways. Contrary to workers' compensation which allows workers to file without having to prove that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that caused 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. Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of their peers rather than the authority in charge of administrative matters that manage workers compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may 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 exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love was injured on the job as a railroad employee, it is essential to speak with experienced FELA attorneys. To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're here to help you obtain the maximum benefits under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. 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 are on a contingency basis, which means that you will not be charged until we succeed. FELA Vs. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which provides an amount fixed, regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards. In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and 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 that are involved in global or interstate commerce. It permits injured employees and their families to sue their employer for damages directly caused by the negligence of the company. This LibGuide offers a base to research this issue. 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 intended as an aid to study for Villanova law students. This guide is not intended to constitute legal advice. If you need more assistance seek advice from an attorney. Many people are unaware that FELA offers railroad workers specific protections. Though many people believe that FELA and state laws on workers' compensation are alike but they are vastly different. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure that they can get the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured understanding the different types damages that they are entitled to. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.