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Workers Compensation Vs Federal Employers Liability Railroad workers face unique legal hurdles when they are injured while on the job Railroad employees unlike many workers compensation laws have the right to sue employers in accordance with federal law This is known as the Federal Employers Liability Act To win a FELA claim railroad workers must be able to prove two things First they must prove that the injury occurred as a result of negligence by their employer FELA vs Workers Compensation While workers compensation and FELA both seek to compensate workers for workrelated injuries or illnesses these two laws differ in a number of ways FELA only applies to railroad workers while workers compensation is applicable to a wide variety of jobs within the public and private sectors FELA and workers compensation also differ in terms of who determines fault and how damages are determined and where and how cases are tried FELA was enacted because the risk of injury to railroad workers is extremely high Congress passed this law to protect workers and their families as well as themselves in the event of accident on the job To be eligible for compensation under FELA the worker must prove that their employer violated any federal law or regulation that relates to safety in the workplace Examples of violations include the Safety Appliance Act SAA Boiler Inspection Act BIA and Power Brake Law FELA also offers compensation for suffering and pain that are not covered by workers compensation In contrast to claims for workers compensation that are typically restricted based on the injury suffered a FELA is able to claim compensation for noneconomic damages like emotional distress or loss of enjoyment living Another difference between FELA and workers compensation is that to be eligible for compensation under FELA the worker must show that the company was at least partly responsible for their injury If a worker is found to be the cause of their injury the amount of their damages could be reduced For example when the worker was told to perform a task that was against company policy and they were hurt as a result the company could be held 50 percent accountable for their injuries Workers compensation cases require an earlier time frame to file a claim In a FELA claim the statute of limitation is three years from the date the injury occurred but in a workers comp case it is one year It is therefore crucial to consult a FELA lawyer with experience as soon as you can following your injury FELA in vs State Law If a worker on the railroad is injured while working the worker can file a claim under either workers compensation or the Federal Employers Liability Act FELA Unlike workers compensation statutes which offer benefits regardless of who was responsible for the injury FELA is a liability statute Therefore the successful FELA claim requires proof that railroad negligence was at play and that negligence was responsible for causing the workers injury fela law firm which was passed in 1908 was designed to provide compensation for railroad workers who are injured because of their work Prior to the passage of this law injury and death rates among railroad workers were extremely high This led to the need for a comprehensive insurance that went beyond workers compensation laws In general the majority of FELA claim must be filed in a federal court since the FELA is a federal law FELA claims can be filed in state court In a recent case from Tennessee Mills v CSX involved a railroad worker who claimed his employer was responsible for the FELA Like workers compensation and workers compensation like workers compensation a FELA claim compensates the injured worker with lost wages as well as medical expenses damages for pain and suffering These damages are based on the notion that a railroad is responsible for the injury or death because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act In addition to that a FELA claimant must show that the injury or death was caused in total or in part because of the negligence of the railroad FELA cases improved tort law through the establishment of precedents in areas such as a railroad emotional distress and damages allocation as well as working conditions standards Particularly FELA claims have brought national attention to the employers nondelegable obligation to ensure that its employees are protected in their workplace This includes offsite places such as private hotels in which railroad workers may stay to work An experienced attorney for railroads can assist a railroad worker get the full benefits that he or she is entitled under FELA FELA in opposition to State Workers Compensation Laws If workers are injured on the job he or she can file for workers compensation benefits or sue their employer under FELA Both laws offer similar benefits including medical coverage and monetary payouts However they differ in some important ways Unlike workers comp which allows employees claim benefits without having to prove that their employer was at fault for their injuries FELA requires that the injured railroad worker demonstrate that their employer has did not comply with a safety law of the federal government that caused their injury 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 harder to win a FELA claim than workers compensation claims as evidence of negligence is required FELA allows railroad workers who are injured to have their cases considered by a group consisting of their peers not the administrative authority responsible for deciding workers compensation claims In addition FELA does not put any limit on the amount of damages that may be granted to an injured worker and workers compensation claims limit damages according to a predetermined timetable It is essential to understand the distinction between these two statutes particularly for railroad workers who arent covered under state laws on workers compensation They are required to take their cases to FELA If you or someone you love was injured on the job as a railroad worker it is crucial to speak with a professional FELA attorneys Grossman Law Offices can help you learn more about the differences between state workers compensation laws and FELA Contact us today to speak to an attorney Were here to help you obtain the maximum benefits under FELA To find a qualified Designated Legal Counsel DLC firm click here to be directed to the National Division BLET website Grossman Law Offices represents railway workers and their family members in FELA lawsuits We offer nocost consultations and are available by phone or person to discuss your case Our lawyers are on a contingent basis which means that you will not be charged unless you succeed 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 provide a fixed amount of benefits regardless of who was responsible for the incident FELA cases are decided by juries based on comparative negligence Moreover FELA allows for much larger damage awards FELA also provides medical expenses as well as lost wages including future earning potential and death benefits along with pain and suffering Contrary to this workers compensation gives only temporary medical benefits as well as a predetermined amount of money for longterm disability This usually is not enough to cover the true costs of a worker The FELA law applies to railroads that participate in interstate or global commerce It allows injured employees and their families to sue their employers for damages directly caused by the companys negligence This LibGuide provides a starting point to research this issue It also provides links to a variety of online resources that are available on the Villanova Law Librarys website Access to certain resources might require a password This LibGuide was created as a study aid to Villanova Law students This guide is not intended to be legal advice Please consult an attorney should you require assistance Many workers are unaware that FELA is a unique piece of legislation that grants specific protections to railroad employees Many people are mistakenly thinking that FELA is similar to state laws on workers compensation but they are not Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation In the event of an injury a qualified lawyer can help the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages that they can claim in their claim This will allow the injured person to receive the maximum recovery allowed under FELA If you are a railroad employee who was injured while on the job call an Designated Legal Counsel DLC firm for guidance