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Workers Compensation Vs Federal Employers Liability When railroad workers are injured at work they face particular legal challenges In contrast to most workers insurance laws railroad workers have the right to sue their employers under federal law specifically the Federal Employers Liability Act FELA To prevail in a FELA case railroad workers need to demonstrate two things First that the injury occurred as a result of the negligence of their employer Workers Compensation vs FELA Workers comp and FELA are both designed to compensate employees who suffer from workrelated injuries or illnesses However they differ in a number of ways FELA is only applicable to railroad workers whereas workers compensation is applicable to a broad range 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 damages are awarded and the manner in which and where the cases are decided FELA was passed due to the danger of injury for railroad workers is extremely high Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job To be eligible for compensation under FELA the worker must prove that their employer has violated a federal statute or regulation that pertains to safety at work Examples include a violation of the Safety Appliance Act Boiler Inspection Act and Power Brake Law FELA also provides compensation for suffering and pain that are not covered by workers comp Unlike workers compensation claims which are usually capped based on the injuries suffered a FELA can claim compensation for noneconomic damages such as emotional distress or loss of enjoyment living Another distinction between FELA and workers compensation is that in order to receive compensation under FELA workers must prove that the company was at least partially responsible for their injury If the injury suffered by a worker is determined to be their fault the damages they suffer could be reduced If a worker gets hurt because they were instructed to follow company policy and the company is held 50 responsible for instance the company could be held at 50 accountable Workers compensation is a faster timeline for filing a claim than a FELA case In a FELA claim the statute of limitations is three years from the time your injury occurred while in a workers comp case its one year Therefore it is important to consult an FELA lawyer experienced in the earliest time you can after your injury FELA Vs State Law If a railroad employee gets injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers compensation In contrast to the workers compensation laws which offer benefits regardless of who was at fault for the injury FELA is a liability statute A successful FELA claim requires proof that the railroad was negligent and that the negligence resulted in the workers injuries The FELA which was passed in 1908 was enacted to compensate railroad workers who have been injured because of the nature of their job Prior to the passing of this law injury and death rates among railroad employees were quite high This led to the need offer railroad workers a extensive coverage that is greater than workers compensation laws In general the majority of FELA claim must be filed in federal court since the FELA is a federal law However FELA claims are sometimes filed in state courts In a recent case from Tennessee Mills v CSX involved a railroad worker who claimed his employer was liable for FELA FELA claims are similar to claims for workers compensation in that they cover lost wages medical expenses as well as pain and suffering damages The basis for these damages is the fact that the railroad was accountable for the injury or death because of its negligence or in violation of an applicable safety law such as the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA plaintiff must prove that the injury or death was caused partially or in totality due to the negligence fela case settlements have improved tort law by establishing precedent for issues such as railroad emotional distress and damages distribution as well as working condition standards Particularly FELA claims have brought national attention to the employers nondelegable obligation to ensure that their employees are protected in their workplace This includes offsite facilities such as hotels owned by private individuals where railroad employees may stay while traveling to work Railroad attorneys can help the railroad worker who has been injured receive the full benefits he or she is eligible for under FELA FELA vs State Workers Compensation Laws If a worker is injured on the job injury while working they may file for workers compensation or sue their employer under FELA Both laws offer similar benefits like financial compensation and medical coverage However they differ in some important ways Unlike workers compensation which allows workers to file without having to prove that their employer was at fault FELA requires the injured railroad worker to prove their employer violated an unconstitutional 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 It is more difficult to win a FELA case than workers compensation claims due to the fact that evidence of negligence must be provided Additionally FELA cases allow injured railroad workers to take their case to a jury trial and have their case determined by a panel of their peers not the administrative authority who oversees workers compensation claims In addition FELA does not put any limit on the amount of damages that may be given to injured workers while workers compensation claims limit damage awards according to a predetermined timetable It is crucial to understand the distinction between these two laws especially for railroad employees who arent covered by state laws on workers compensation They are required to be pursuing their cases under FELA If you or someone you know was injured on the job as a railroad worker it is important to talk with experienced FELA lawyers Grossman Law Offices can help you understand the differences between state workers compensation laws and FELA Contact us today to speak with a lawyer We are ready to help you get the most benefits available under FELA To find a reputable Designated Legal Counsel DLC firm click here to be taken to the National Division BLET website The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits We offer free consultations and are available by phone or in person to discuss your case Our attorneys work on a contingent basis meaning you will not be charged until we prevail FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act FELA gives railroad workers the ability to sue their employers over injuries claims Contrary to workers compensation which provides a fixed amount of benefits 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 financial compensation FELA provides for medical expenses and lost earnings including future earning capacity and death benefits as well as suffering and pain In contrast workers compensation gives only temporary medical benefits and a fixed amount of money for longterm disability This usually is not enough to cover a workers true losses The FELA law is applicable to railroads operating in international or interstate commerce and it allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the companys negligence This LibGuide is a good place to begin your research It provides links to various online resources that are available on the Villanova Law Librarys website Access to some of these resources might require an account password This LibGuide was developed as a study aid for Villanova Law students This guide is not intended to be legal advice Consult an attorney if you require additional assistance Many people are unaware that FELA offers railroad workers special protections Although many 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 kinds of claims to ensure that they can get the most effective representation A qualified lawyer can assist the family members of a railroad worker who has died or injured in understanding the different types damages available to them The injured person can receive the maximum amount of compensation permitted by FELA If youre a railroad employee injured on the job consult a firm of Designated Legal Counsel