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Workers Compensation Vs Federal Employers? Liability When railroad workers are injured at work, they face unique legal challenges. Railroad workers, unlike other workers' compensation laws, have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act. To prevail in a FELA case railroad workers must demonstrate two things. First, the injury must have been caused by their employer's negligence. Workers' Compensation vs. FELA Workers compensation and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However they differ in a few ways. In particular, FELA is only applicable to railroad workers, while workers' compensation is applicable to a variety of private and public jobs. FELA and workers' compensation differ in the way they determine the fault and how damages are determined and where cases are decided. The risk of injury is a high risk for workers on the railroad, which is why FELA was passed in 1908. Congress passed the law to protect family members and employees in the event they were injured while on the job. In order to be compensated under FELA the worker must prove that their employer violated a federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law. In addition to providing financial compensation for the past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by compensation, like suffering and pain. In contrast to claims for workers' compensation which are usually restricted based on the injury sustained, a FELA can seek compensation for noneconomic damages like emotional distress or loss of enjoyment of living. Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA workers must prove that the company was at least partly responsible for their injuries. If the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For instance, if a worker was instructed to do something that was in violation of company policy and suffered injuries as a result the company could be held 50% accountable for their injuries. Workers' compensation cases require an earlier time frame to make claims. In the case of a FELA case, the statute of limitations is three years from the date of your injury, however, in the case of workers' compensation the statute of limitations is one year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can after your injury. FELA in vs. State Law When a railroad worker is injured while working the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike fela lawsuits ' comp statutes which offer benefits regardless of fault, FELA is a statute of liability. Consequently, a successful FELA claim requires evidence that the railroad was negligent and that negligence played a role in the injury to the worker. The FELA was enacted in 1908, and was designed to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, railroad employee accident and death rates were high. This sparked the need to provide railroad employees with comprehensive coverage, which exceeds the workers' compensation laws. A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state court. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA. Like workers compensation, a FELA claim compensates the injured worker with lost wages, medical expenses and damages for pain and suffering. These damages are based on the notion that a railroad was 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. Additionally, a FELA claimant must prove that the death or injury was caused in whole or in part by the negligence. FELA cases have improved tort law through the establishment of precedents in areas such as emotional distress on the railroad, damages allocation and working conditions standards. In particular, FELA claims have brought federal attention to the issue of an employer's non-delegable duty to ensure that their employees are protected in their workplace. This includes off-site locations like hotels that private parties use where railroad employees may be staying for business reasons. An attorney for railroads can assist the railroad worker who has suffered injuries to obtain the full benefits he or is entitled to under FELA. FELA vs. 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, such as medical coverage, cash payments, and future earnings loss, they differ in important ways. Unlike workers' comp which permits employees to 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 violated a safety rule of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, as evidence of negligence is required. FELA allows injured railroad workers to have their cases considered by a committee of their peers, rather than the administrative authority responsible for deciding workers' compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers' compensation claims do. The distinction between these two statutes is important to know, particularly for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you was injured as a railroad employee, it is important to consult with experienced FELA lawyers. To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you pursue the maximum benefits under FELA. To find a qualified 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 provide free consultations and are able to discuss your situation by telephone or in person. Our attorneys also operate on a contingency fee which means that you don't pay unless we succeed in your case. FELA against. State Workers' Compensation Statutes The Federal Employers' Liability Act allows railroad workers 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 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), death benefits, along with suffering and pain. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering the true costs of a worker. The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their families to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a great place to begin your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access. This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you require more help seek advice from an attorney. Many people are unaware that FELA provides railroad employees with specialized protections. Many people believe that FELA is comparable to state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order that they can get the most effective representation. In the case of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages available for their claim. The injured worker can receive the maximum amount of compensation permitted by FELA. If you're a railroad employee injured on the job, you should consult an organization of Designated Legal Counsel.