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Workers Compensation Vs Federal Employers Liability If railroad workers suffer injuries on the job they face particular legal challenges Railroad workers unlike other workers compensation laws have the right to sue employers under federal law This is the Federal Employers Liability Act In fela lawsuits to prevail in a FELA claim railroad workers must prove two things First they must prove that the injury occurred as a result of their employers negligence FELA Vs Workers Compensation While workers compensation and FELA both attempt to compensate employees for workrelated injuries or illnesses However these two laws differ in a number of ways FELA only applies to railroad workers whereas workers compensation is applicable to a broad range of jobs within the private and public sectors FELA and workers compensation are also different in terms of who determines the degree of fault and how damages are determined and the manner in which cases are decided The risk of injury is a high risk for workers on the railroad This is the reason FELA was adopted in 1908 Congress passed this law to protect workers as well as their families and themselves in the event of injury while working To be eligible for compensation under FELA workers must prove that their employer violated the federal law or regulation relating to safety at work 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 income and medical treatment FELA provides for damages that arent covered by compensation such as suffering and pain Contrary to a workers comp claim which is typically restricted to a maximum amount based upon the severity of injuries the FELA claim may seek to recover compensation for noneconomic damages such as emotional distress and loss of enjoyment of life Another distinction between FELA and workers compensation is that in order to get compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injury If an injury suffered by a worker is determined to be the fault of the company the damages they suffer could be reduced For instance when a worker was instructed to perform a task that was against company policy and they were hurt as a result the company could be held 50 responsible for their injuries Workers compensation cases require a shorter timeline to make an claim In the case of a FELA case the statute of limitation is 3 years from the date of your injury while in the case of workers compensation the statute of limitation is 1 year It is therefore crucial to contact a FELA lawyer experienced in the earliest time you can after the injury FELA vs State Law If a worker on the railroad is injured while working he or she may make a claim under either workers compensation or the Federal Employers Liability Act FELA Unlike workers compensation statutes which offer benefits regardless of who is at fault for the injury FELA is a liability statute Therefore an effective FELA claim requires proof that the railroad was negligent and that such negligence was responsible for causing the workers injury The FELA was enacted in 1908 and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work Prior to the passage of this law death and injury rates among railroad employees were extremely high This led to the need offer railroad workers a complete coverage which is higher than the workers compensation laws A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress However FELA claims are sometimes filed in state courts For instance the case that was recently heard in Tennessee Mills v CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA Like workers compensation the FELA claim is a way to provide the injured worker with compensation for lost wages medical expenses and pain and suffering damages These damages are based on the fact that a railroad was responsible for the death or injury due to its negligence or in violation of a safety statute like the Locomotive Inspection Act or the Federal Safety Appliance Act A FELA plaintiff must prove that the injury or death was caused in part or completely due to such negligence FELA cases have improved tort law through the creation of precedents in areas such as a railroad emotional distress damages allocation and working conditions standards Particularly FELA claims have brought national attention to an employers duty not delegated to ensure that their employees are provided with a safe workplace This includes offsite facilities like hotels that are private where railroad employees can be able to stay when on business A good railroad attorney can help an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA FELA vs State Workers Compensation Laws If a worker is injured on the job injury while working or at work they may seek workers compensation or sue their employer under FELA Both laws offer similar benefits like financial compensation and medical coverage However they differ in important ways Contrary to workers compensation which allows workers to file without having to prove that their employer was responsible FELA requires the injured railroad worker to prove that their employer violated a federal safety law which caused their injuries This includes laws such as the Occupational Safety and Health Administration the Locomotive Inspection Act and Railroad Safety Appliance Act This makes it harder to win a FELA claim than workers compensation claims because evidence of negligence is required In addition FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of their peers rather than the administrative authority who oversees workers compensation claims Lastly FELA does not put a cap on the amount of compensation that could be awarded to an injured worker while workers compensation claims limit damages in accordance with a set schedule The difference between these two statutes is crucial to know particularly for railroad employees who are exempt from state laws on workers compensation and are required to pursue their claims through FELA If you or someone you love was injured while working as a railroad worker it is important to talk with a professional FELA attorneys Grossman Law Offices can help you understand the differences in state workers compensation laws and FELA Contact us now to speak with a lawyer We are prepared to help you maximize the benefits under FELA To locate a reputable Designated Legal Counsel DLC firm click here to be directed to the National Division BLET website The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits We offer nocost consultations and are available via phone or person to discuss your case Our lawyers also work on a contingency basis which means you dont pay until we are successful in settling your case FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act FELA gives railroad workers the right to sue their employers in injury claims Contrary to workers compensation which provides an amount that is fixed regardless of who was responsible for the incident FELA cases are decided by juries on the basis 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 as well as pain and suffering Workers compensation on contrary provides temporary medical care and a set amount of money to cover longterm disability which is often far less than what the worker is losing The FELA law is applicable to railroads that are involved in interstate or global commerce It permits injured employees and their families to sue their employers for damages directly caused by the companys negligence This LibGuide is a good starting point for further research on this subject It includes links to various online resources on the Villanova Law Librarys website Access to certain resources may require an account password This LibGuide was designed as a study aid to Villanova Law students Nothing in this guide should be construed as legal advice Please consult an attorney should you require assistance Many people do not realize that FELA is a unique piece of legislation that provides specific protections to railroad employees Though many people believe that FELA and state laws on workers compensation are alike they are very different Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order that they receive the best representation In the event of an injury a qualified lawyer can help the injured employee or family members of a deceased railroad employee to understand the various kinds of damages available for their claim This will allow the injured person to obtain the maximum amount of compensation allowed under FELA If youre a railroad worker injured on the job you should consult an attorney from a firm that is Designated Legal Counsel