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Workers Compensation Vs Federal Employers? LiabilityRailroad employees face unique legal issues when they are injured while on the job. 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 claim, railroad workers must demonstrate two things. First, that the injury was the result of the negligence of their employer.Workers’ Compensation vs. FELAWorkers’ compensation and FELA are both designed to pay employees who suffer from work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers, whereas workers’ compensation is applicable to a variety of jobs in the private and public sectors. FELA and workers’ compensation also differ in the way they determine fault and the way in which damages are awarded and the manner in which cases are tried.The risk of injury is high for people working on railroads This is the reason FELA was passed in 1908. Congress passed the law to safeguard family members and employees in the event that they are injured on the job. In order to be compensated under FELA, the worker must prove that their employer has violated a federal statute or regulation that pertains to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.FELA also provides compensation for pain and suffering, which are not covered by workers’ compensation. Contrary to claims under workers’ compensation which are usually restricted based on the injury sustained, a FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment living.Another distinction between FELA and workers compensation is that to receive compensation under FELA workers must show that the company was at least partially responsible for their injuries. If a worker is determined to be at fault for their injury the amount of their damages may be reduced. For instance when the worker was told to do something that was not in line with company policy and were injured in the process the company could be held 50% responsible for their injuries.Workers’ compensation has an earlier timeframe for filing a claim than the FELA case. In a FELA claim, the statute is three years from the date the injury occurred, but in a workers’ compensation case, it’s 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 LawIf a railroad employee is injured while at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers compensation. Unlike workers’ comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in the worker’s injuries.The FELA, which was passed in 1908, was enacted to compensate railroad employees who are injured because of the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were very high. This resulted in the need for a comprehensive coverage that goes beyond workers’ compensation laws.In general it is the case that a FELA claim is filed in federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.Like fela claims railroad employees , the FELA claim compensates the injured worker with lost wages as well as medical expenses, pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the injury or death because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA plaintiff must prove that the injury or death was caused in total or in part because of the negligence.FELA cases have influenced tort law through the establishment of precedents in areas such as emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims specifically, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals where railroad employees may stay while traveling for business reasons. A good railroad attorney can assist a railroad worker obtain the full benefits that he or she is entitled under FELA.FELA in opposition to. State Workers’ Compensation LawsIf a worker suffers an injury while working, they may file for workers’ compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, financial payments and loss of future earnings however, they differ in significant ways.In contrast to workers’ compensation, which allows workers to file without having to prove that their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that caused their injuries. This includes laws such as 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 a workers’ compensation claim as the evidence of negligence has to be proven.FELA allows railroad workers who are injured to have their cases decided by a panel of their peers, and not the administrative authority responsible for deciding workers’ compensation claims. Lastly, FELA does not put a cap on the amount of compensation that could be given to injured workers and workers compensation claims limit damages in accordance with a set schedule.The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state workers’ compensation laws and are required to pursue their claims through FELA. If you or someone you love has been injured by a railroad employee, it is important to speak with experienced FELA lawyers.Grossman Law Offices can help you understand the differences in the state laws governing workers’ compensation and FELA. Contact us today to speak with an attorney. We’re ready to assist you get the most benefits from FELA. To find a reputable Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are willing to discuss your case by telephone or in person. Our lawyers also operate on a contingency fee that means you won’t pay until we succeed in your case.FELA Vs. State Workers’ Compensation StatutesThe Federal Employers’ Liability Act allows railroad employees to sue their employer for injuries. In contrast to workers’ compensation which is an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon 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) and death benefits and pain and suffering. Contrary to this, workers’ compensation offers only temporary medical benefits as well as a predetermined amount of money for long-term disability, which usually falls far short of covering a worker’s true losses.The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their families to bring lawsuits against their employers for damages resulting from the company’s negligence. This LibGuide is a great place to start your research. It provides links to various online resources available on the Villanova Law Library’s website. Access to certain resources may require the use of a password.This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to constitute legal advice. If you need more assistance seek advice from an attorney.Many people do not realize that FELA is a distinct piece of legislation that grants special protections to railroad workers. Many people believe that FELA is like state laws on workers’ compensation but they’re not. Injured railroad workers need to be aware of the differences between the two types of claims so that they can get the best representation. A qualified lawyer can assist the family of a railway worker who has passed away, or the injured employee in understanding the different types damages that they are entitled to. The injured person will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.