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Workers Compensation Vs Federal Employers Liability Railroad employees face unique legal issues when they are injured while on the job Contrary to the majority of workers compensation laws railroad workers are able 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 they must prove that the injury was the result of their employers negligence Workers Compensation vs FELA While workers compensation and FELA both seek to compensate employees for workrelated injuries or illnesses However these two laws differ in a variety of ways Specifically FELA is only applicable to railroad workers whereas workers compensation applies to a variety of private and public jobs FELA and workers compensation also differ in terms of who determines the fault and the way in which damages are awarded and the manner in which cases are tried FELA was passed due to the risk of injury to railroad workers is high Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job To be eligible for compensation under FELA the worker must prove that their employer violated a federal law or regulation relating to workplace safety Examples include a violation of the Safety Appliance Act Boiler Inspection Act and Power Brake Law In addition to providing financial compensation for future and past loss of income and medical treatment FELA provides for damages that arent covered by compensation including pain and suffering Unlike workers compensation claims that are typically limited based on the type of injury suffered a FELA is able to seek compensation for noneconomic damages like emotional distress or loss of enjoyment of living Another distinction between FELA and workers compensation is that to get compensation under FELA the worker must show that the company was at least partially responsible for their injuries If a worker is determined to be at fault for their injuries the amount of their injuries could be reduced If a worker is injured because they were instructed to violate company policy and the company was found to be 50 responsible for example then the company may be held at 50 accountable Workers compensation cases require shorter timeframes to make a claim In the case of a FELA claim the statute of limitations is three years from when your injury occurred while in a workers comp case its only one year It is therefore crucial to speak with an FELA lawyer experienced in the earliest time you can after your injury FELA Vs State Law If a worker on the railroad is injured on the job the worker can submit a claim for compensation under workers compensation or the Federal Employers Liability Act FELA In contrast to the workers compensation laws which offer benefits regardless of who is at fault for the injury FELA is a liability statute Thus an effective FELA claim requires evidence that the railroad was negligent and that the negligence played a role in causing the workers injury The FELA which was passed in 1908 was designed to compensate railroad employees who are injured because of their job Prior to the passing of this law the death and injury rates among railroad employees were extremely high This led to the need for a comprehensive coverage that went beyond the laws governing workers compensation A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress However FELA claims are sometimes filed in state courts In a recent case in Tennessee Mills v CSX involved a railroad employee who claimed that his employer was liable for the FELA FELA claims are similar to workers compensation in that they compensate for lost wages medical expenses and pain and suffering damages These damages are based upon the fact that the railroad was liable for the death or injury due to its negligence or in violation of the safety laws 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 a result of the whole or in part because of such negligence FELA cases have improved 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 In particular FELA claims have brought federal attention to the issue of an employers duty not delegated to ensure that their employees are safe in their workplace This includes offsite facilities such as private hotels where railroad employees may stay while traveling for business reasons A good railroad attorney can help an injured railroad worker get the full benefits to which they are entitled to under FELA FELA in opposition to State Workers Compensation Laws If a worker sustains an injury while working they may file for workers compensation or sue their employer under FELA Both laws offer similar benefits like medical coverage and monetary payouts However they are different in a number of important ways Contrary to workers compensation which allows employees to file a claim without proving that their employer was to blame 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 since proof of negligence is required In addition FELA cases allow injured railroad workers to bring their cases to an open jury trial and get their case decided by a group of their colleagues rather than the administrative authority who oversees workers compensation claims FELA does not restrict the amount of compensation an injured worker may receive while workers compensation claims do It is important to know the distinction between these two statutes particularly for railroad workers who are not covered by state laws on workers compensation They have to take their cases to FELA If you or someone you love was injured as an employee of a railroad it is crucial to consult with a professional FELA lawyers To find out more about the distinctions between FELA and state workers compensation laws speak with an attorney from Grossman Law Offices today Were prepared to assist you get the most benefits available under FELA Click here to go to the National Division BLETs website to locate a certified Designated Legal Counsel DLC The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits We offer nocost consultations and are available by phone or in person to discuss your case Our lawyers also operate on a contingency basis which means that you dont pay until we win your case FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad employees to sue their employer for injuries In contrast to workers compensation which provides a fixed amount of benefits regardless of who was at fault for the accident FELA cases are decided by juries based on comparative negligence Moreover FELA allows for much larger damage awards In addition to financial compensation FELA provides for medical expenses as well as lost earnings including future earning capacity as well as death benefits as well as suffering and pain In contrast workers compensation provides only temporary medical benefits as well as a predetermined amount of money for longterm disability This usually does not cover the actual losses of a worker The FELA law applies to railroads involved in interstate or global commerce It allows injured employees and their families to sue their employers for damages directly resulting from the companys negligence This LibGuide offers a base for further research on this subject It provides links to various online resources on the Villanova Law Librarys website Access to certain resources might require the use of a password This LibGuide was designed as a study aid for Villanova Law students This guide is not intended to be construed as legal advice Consult an attorney if you need additional assistance railroad injury fela lawyer do not realize that FELA is a distinct piece of legislation that offers special protections to railroad workers Though many people believe that FELA and state laws on workers compensation are similar they are very different Railroad workers injured in an accident should be familiar with the distinctions between these two types of claims to obtain the best possible representation A qualified lawyer can assist the family members of a railroad worker who has died or injured in understanding the various kinds of damages that they are entitled to This will allow the injured person to receive the maximum amount of compensation allowed under FELA If you are a railroad employee who was injured on the job contact an Designated Legal Counsel DLC firm for advice