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Workers Compensation Vs Federal Employers? LiabilityWhen railroad workers are injured on the job, they face unique legal challenges. In contrast to most workers insurance laws, railroad employees have the right to sue their employers under federal law specifically the Federal Employers’ Liability Act (FELA).In order to prevail in a FELA claim, railroad workers must prove two things. First fela lawyer must be caused by the negligence of their employer.Workers’ Compensation vs. FELAWorkers’ compensation and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However they differ in couple of ways. FELA only applies to railroad workers whereas workers’ compensation applies to a variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is determined by the person who caused the accident, what damages are awarded and the method by which and where cases are heard.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 safeguard the families of workers in the event they were injured while on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated a federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) 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 workers’ compensation, including pain and suffering. In contrast to a workers’ compensation claim, which is typically limited to a certain amount based upon the severity of injuries, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.Another difference between FELA and workers’ compensation is that to be eligible for compensation under FELA, the worker must prove that the company was at least partly responsible for their injuries. If a worker’s injury is found to be attributable to them, their damages could be reduced. For instance in the event that the worker was told to perform a task that was in violation of company policy and were hurt due to the incident the company could be held 50 percent accountable for their injuries.Workers’ compensation cases require a shorter timeline to make an claim. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers’ compensation case, it’s only one year. It is therefore important to speak with an FELA lawyer who has experience as soon as you can following your injury.FELA Vs. State LawIf a railroad employee is injured while at work, he or her may file a claim either under the Federal Employers Liability Act or workers’ compensation. In contrast to workers’ compensation statutes that provide benefits regardless of fault, FELA is a statute of liability. Thus an effective FELA claim requires proof that railroad negligence was at play and that the negligence contributed to causing the worker’s injury.The FELA legislation, which was passed in 1908, was enacted to compensate railroad workers who are injured due to the nature of their work. Prior to the enactment of this law, death and injury rates among railroad workers were extremely high. This sparked the need to provide railroad workers with comprehensive coverage, which exceeds the workers’ compensation laws.In general the majority of cases, an FELA claim must be filed in a federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. For example, a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA.Similar to workers compensation, the FELA claim compensates the injured worker with compensation for lost wages and medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or in totality due to the negligence.FELA cases have improved tort law by setting precedents for issues like railroad emotional distress as well as damages distribution and working conditions requirements. FELA claims particularly, have brought federal attention to a non-delegable employer’s duty to provide a safe work environment for its workers. This includes off-site locations such as private hotels, where railroad employees can be able to stay when on business. A railroad attorney can help the railroad worker who has been injured receive the full benefits he or can claim under FELA.FELA vs. State Workers’ Compensation LawsIf workers are injured on the job then he or she may apply for workers compensation benefits or sue their employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However, they are different in some important ways.In contrast to workers’ compensation, which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove 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 more difficult to win a FELA claim than workers’ compensation claims, as evidence of negligence is required.In addition, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a panel of their peers rather than the administrative authority who oversees workers’ compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be given to injured workers while workers’ compensation claims limit damages according to a pre-determined timetable.It is crucial to understand the difference between these two laws, especially for railroad employees who aren’t covered by state workers’ compensation laws. They must take their cases to FELA. If you or someone you love was injured while working as a railroad worker, it is crucial to speak with a professional FELA lawyers.To learn more about the differences between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We’re ready to assist you get the most benefits under FELA. Click here to go to the National Division BLET’s website to locate an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are able to discuss your case by phone or in person. Our lawyers work on a contingent basis, meaning you will not be charged until we succeed.FELA vs. State Workers’ Compensation StatutesThe Federal Employers’ Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers’ compensation which provides a fixed amount regardless of fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits and pain and suffering. In contrast workers’ compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually is not enough to cover a worker’s true losses.The FELA law is applicable to railroads that participate in global or interstate commerce. It permits injured employees, as well as their families, to sue their employers for damages resulting directly from the company’s negligence. This LibGuide offers a base for further research on this subject. It also provides links to a variety of online resources on the Villanova Law Library’s website. Access to certain resources may require a password.This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. Consult an attorney if you need additional assistance.Many workers do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. While many believe that FELA and state workers’ compensation laws are alike but they are vastly different. Injured railroad workers need to be aware of the differences between the two types of claims in order that they receive the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages that they can claim in their claim. The injured worker can receive the maximum amount of compensation allowed by FELA. If you’re a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.