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Workers Compensation Vs Federal Employers? LiabilityWhen railroad workers are injured on the job, they face particular legal challenges. Contrary to the majority of workers insurance laws, railroad workers are able to sue their employers under federal law specifically, the Federal Employers’ Liability Act (FELA).To prevail in a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury was the result of the negligence of their employer.Workers’ Compensation vs. FELAWorkers’ compensation and FELA are both designed to provide compensation to employees who suffer from work-related illnesses or injuries. However they differ in a couple of ways. FELA only applies to railroad workers while workers’ compensation applies to a wide variety of jobs in the public and private sectors. FELA differs from workers compensation in that it is governed by the person who caused the accident, and how much damages are awarded and the method by which and where the cases are decided.The risk of being injured is a high risk for workers on railroads and that’s why FELA was adopted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured while on the job. In order to be compensated under FELA, the worker must prove that their employer violated the 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 past and future loss of wages and medical treatments, FELA provides for damages that aren’t covered by compensation, like suffering and pain. Unlike workers’ compensation claims which are usually capped based on the injuries sustained, a FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living.Another difference between FELA and workers compensation is that in order to get compensation under FELA workers must prove that the company was at least partly responsible for their injury. If the injury suffered by a worker is found to be the fault of the company their damages can be reduced. If a worker is injured because they were instructed to violate company policy, and the company was held 50% responsible, for example, then the company may be held to be 50% responsible.Workers’ compensation cases have a shorter timeline to file claims. In a FELA claim, the statute of limitations is three years from the time your injury occurred, whereas in a workers’ comp case, it’s one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.FELA Vs. State LawIf a railroad worker gets injured while working and suffers an injury, they can file a claim under workers’ compensation or the Federal Employers Liability Act (FELA). Unlike workers’ comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. Consequently the successful FELA claim requires proof that the railroad was negligent and that such negligence was responsible for the injury of the worker.The FELA was enacted in 1908 and is intended 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 led to the need for comprehensive coverage that went beyond workers’ compensation laws.In general, an FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA.FELA claims are similar to workers compensation in that they provide lost wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad is responsible for the death or injury due to its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the injury or death was caused in total or in part due to such negligence.FELA cases have benefited tort law by establishing precedents for issues like railroad emotional distress and damages distribution as well as working conditions requirements. FELA claims particularly have drawn national attention to the issue of an employer’s obligation to provide a safe and secure work environment for its employees. This includes off-site places such as private hotels, which railroad employees may be able to stay when on business. Railroad attorneys can help those who have suffered injuries to obtain the full benefits he or can claim under FELA.FELA Vs. State Workers’ Compensation LawsIf an employee is injured while on the job then he or she may apply for workers compensation benefits or sue their employer under FELA. Both laws offer similar benefits like cash payouts and medical coverage. However, they are different in important ways.In contrast to workers’ compensation, which allows employees to file a claim without proving that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to their injuries. This includes laws like 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, because evidence of negligence is required.Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and have their case determined by a group of peers rather than the authority in charge of administrative matters that manage workers’ compensation claims. Lastly, FELA does not put any limit on the amount of damages that can 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 important to know, particularly for railroad employees who are exempt from state workers’ compensation laws and are required to pursue their claims through FELA. If you or a loved one has been injured by a railroad employee, it is important to consult with a professional FELA lawyers.Grossman Law Offices can help you learn more about the differences between state laws on workers’ compensation and FELA. Contact fela case settlements to speak to a lawyer. We are ready to help you obtain the maximum benefits available under FELA. To find a qualified 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 by telephone or in person. Our lawyers work on a contingent basis, meaning that you will not be charged until we prevail.FELA Vs. State Workers’ Compensation StatutesThe Federal Employers’ Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers’ compensation which provides an amount that is fixed 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.FELA also provides medical expenses and lost wages (including future earning potential) and death benefits as well as suffering and pain. Workers compensation, on the contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability that is often lower than what the worker is losing.The FELA law is applicable to railroads that participate in global or interstate commerce. It permits injured employees and their families to sue their employer for damages directly resulting from the negligence of the company. This LibGuide is a great place to begin your research. It also provides links to a variety of online resources on the Villanova Law Library’s website. Some of these websites require a password to access.This LibGuide was created as a study aid for Villanova Law students. Nothing in this guide should be taken as legal advice. Consult an attorney should you require additional assistance.Many people do not realize that FELA is a distinct piece of legislation that grants specialized protections to railroad employees. Many people are mistakenly thinking that FELA is like state workers’ compensation laws but they’re not. Railroad workers who have been injured must be aware of the differences between the two types of claims in order they can receive the most effective representation. In the event of an injury, a skilled lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages available for their claim. The injured person will be able to receive the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.