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Workers Compensation Vs Federal Employers Liability Railroad employees face unique legal issues when they suffer injuries while on the job Contrary to the majority of workers insurance laws railroad employees have the right to sue their employers under federal law specifically the Federal Employers Liability Act FELA To win fela lawsuit settlements must demonstrate two things First the injury must be the result of their employers negligence Workers Compensation vs FELA While workers compensation and FELA both are designed to compensate employees for workrelated injuries or illnesses these two laws differ in a variety of ways In particular FELA is only applicable to railroad workers while workers compensation applies to a broad range of private and public jobs FELA differs from workers compensation in that it is governed by the person who caused the accident and how much damages are awarded and how and where the cases are decided FELA was passed because the risk of injury for railroad workers is extremely high Congress passed the law to protect family members and employees in the event they were injured while working To be eligible for compensation under FELA workers must demonstrate that their employer violated any federal law or regulation that pertains to safety at work 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 wages and medical treatments FELA provides for damages that arent covered by workers compensation like suffering and pain In contrast to a workers compensation claim which is generally limited to a certain amount based upon the severity of injuries and other injuries a FELA claim may seek compensation for noneconomic losses such as emotional distress and loss of enjoyment of life The main difference between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the employer was at least partially responsible for the injury If the injury suffered by a worker is found to be their fault their damages could be reduced If a worker is injured because they were instructed to violate company policy and the company was held 50 responsible for instance the company may be held 50 responsible Workers compensation cases require shorter timeframes to make an claim In the case of a FELA case the statute of limitations is three years from the date of your injury when in a workers compensation claim the statute of limitation is 1 year This is the reason it is essential to consult a seasoned FELA lawyer as soon as you can after your injury FELA Vs State Law If a railroad employee gets injured while working he or her may make a claim under the Federal Employers Liability Act or workers compensation Unlike workers compensation statutes which provide benefits regardless of who was at fault for the injury FELA is a liability statute A successful FELA claim will require proof that the railroad was negligent and that the negligence resulted in the workers injuries The FELA was passed in 1908 and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work Prior to the passage of this law railroad employee accident and death rates were high This led to the need provide railroad employees with comprehensive coverage which exceeds 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 example an upcoming 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 provides the injured worker with lost wages and medical expenses as well as damages for pain and suffering These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA claimant must also prove that the injury or death was caused partially or completely due to 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 FELA claims specifically have drawn national attention to an employers obligation to provide a safe and secure work environment for its workers This includes offsite places such as hotels owned by private individuals where a railroads workers might stay to work Railroad attorneys can help the railroad worker who has been injured to receive the full benefits he or is entitled to under FELA FELA Vs State Workers Compensation Laws If a worker is injured while on the job then he or she may file for workers compensation benefits or sue their employer under FELA Both laws offer similar benefits like medical coverage monetary payments and future earnings loss but they differ in important ways Contrary to workers compensation which allows employees to file without proving their employer was responsible FELA requires the injured railroad worker to prove that their employer violated a federal safety law that led to their injuries This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act This makes it harder to win a FELA claim than workers compensation claims since proof of negligence is required Additionally FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of peers not the authority in charge of administrative matters that manage workers compensation claims In addition FELA does not put any limit on the amount of damages that can be granted to an injured worker while workers compensation claims limit damages based on a predetermined schedule It is important to know the distinction between these two statutes especially for railroad employees who arent covered under state laws on workers compensation They are required to take their cases to FELA If you or a loved one has been injured by a railroad employee it is important to consult with a professional FELA lawyers To learn more about the differences between FELA and state workers compensation laws speak with an attorney at Grossman Law Offices today We are prepared to help you get the most benefits available under FELA Click here to go to the National Division BLETs site to find a qualified Designated legal Counsel DLC Grossman Law Offices represents railway workers and their family members in FELA lawsuits We offer nocost consultations and are available by telephone or in person to discuss your case Our lawyers work on a contingent basis meaning you will not be charged unless you win FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad employees to sue their employers for injuries Contrary to workers compensation which provides a fixed amount regardless of the fault FELA cases will be determined by juries based on 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 as well as death benefits as well as suffering and pain Workers compensation on the other hand offers only temporary medical care and a fixed amount of money to cover longterm disability that is often less than what the worker is losing The FELA law is applicable to railroads that participate in international or global trade It permits injured employees and their families to sue their employers for damages directly resulting from the negligence of the company This LibGuide provides a starting point for research on this topic It also provides links to a variety of online resources on the Villanova Law Librarys website Access to certain resources may require an account password This LibGuide was created to aid in the study of Villanova Law students This guide is not intended to provide legal advice If you need more assistance seek advice from an attorney Many people are unaware that FELA provides railroad employees with specialized protections Many people mistakenly believe that FELA is like state workers compensation laws however they arent Railroad workers injured in an accident must be aware of the differences between the two types of claims so they can receive the best representation A lawyer with experience can help the family of a railroad worker who has passed away or injured understanding the various types of damages that they are entitled to This will allow the injured person to receive the maximum amount of compensation under FELA If you are a railroad employee who has been hurt on the job contact an Designated Legal Counsel DLC firm for advice