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Workers Compensation Vs Federal Employers Liability Railroad workers face unique legal challenges when they suffer injuries while on the job Railroad employees unlike most workers compensation laws have the right to sue employers in accordance with federal law This is the Federal Employers Liability Act In order to prevail in a FELA claim railroad workers must prove two things First the injury must be caused by their employers negligence FELA Vs Workers Compensation Workers comp and FELA are both designed to compensate employees who suffer workrelated illnesses or injuries However they differ in a few ways In particular FELA is only applicable to railroad workers whereas workers compensation is applicable to a wide range of private and public sector jobs FELA and workers compensation differ in regards to who decides the fault and the way in which damages are awarded and where and how cases are handled The risk of injury is very high for those working on the railroad This is the reason FELA was enacted in 1908 Congress passed the law to protect the families of workers in the event they were injured while working In order to be compensated under FELA the worker must show their employer violated the federal law or regulation relating to safety in the workplace Examples of violations include the Safety Appliance Act SAA Boiler Inspection Act BIA and Power Brake Law FELA also provides compensation for pain and suffering which are not covered by workers compensation In contrast to claims for workers compensation that are typically capped based on the injuries sustained a FELA is able to seek compensation for noneconomic damages that include 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 prove that the company was at least partly responsible for their injury If a worker is determined to be at fault for their injuries the amount of damages may be reduced If a worker is injured due to being told to follow company policy and the company is held 50 responsible for instance the company could be held 50 responsible Workers compensation cases have shorter timeframes to make claims In a FELA case the statute of limitations is 3 years from the date of your injury however in a workers compensation case the statute of limitations is 1 year This is why it is important to consult a seasoned FELA lawyer as soon as you can after your injury FELA Vs State Law If a railroad employee gets injured at work and is injured they can make a claim under the Federal Employers Liability Act or workers compensation In contrast to workers compensation statutes which offer benefits regardless of the fault of the injured party FELA is a statute of liability A successful FELA claim will require evidence that the railroad was negligent and that the negligence resulted in injuries to the worker The FELA legislation which was passed in 1908 was designed to provide compensation for railroad workers who have been injured because of their work Prior to the enactment of this law railroad worker accident and death rates were high This led to the need for a comprehensive insurance that goes beyond the workers compensation laws A FELA lawsuit must be filed in federal court because the FELA was passed 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 his employer was liable for the FELA FELA claims are similar to workers compensation in that they cover lost wages medical expenses and pain and suffering damages The basis for these damages is the fact that the railroad was responsible for the death or injury because of its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA plaintiff must show that the injury or death was caused partially or completely due to such negligence FELA cases have helped improve tort law by creating precedents for issues like emotional distress in the railroad as well as damages distribution and working conditions standards FELA claims particularly have sparked national attention on the issue of a nondelegable employers duty to provide a safe work environment for its workers This includes offsite facilities like private hotels where railroad workers may stay while on business An attorney for railroads can assist those who have been injured to receive the full benefits he or she is eligible for under FELA FELA in opposition to 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 his employer under FELA Both laws provide similar benefits like financial compensation and medical coverage However they differ in a number of important ways Unlike workers comp which allows employees file without proving that their employer was responsible 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 like the Occupational Safety and Health Administration 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 a jury trial and be ruled on by a group of peers rather than the authority in charge of administrative matters that manage workers compensation claims FELA also does not limit the amount of damages an injured worker may be awarded whereas workers compensation claims do The difference between these two statutes is important to be aware of especially for railroad employees who are not covered by state workers compensation laws and must pursue their cases through FELA If you or someone you know was injured on the job as a railroad employee 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 now to speak with a lawyer We are prepared to help you pursue the maximum benefits that are available under FELA Click here to go to the National Division BLETs website to find a certified Designated legal Counsel DLC The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits We offer free consultations and are able to discuss your case by phone or in person Our lawyers also work on a contingency basis that means you wont pay unless we win your case FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act FELA allows railroad workers the ability to sue their employers in injuries claims 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 the concept of comparative negligence Moreover FELA allows for much larger damage awards In fela case settlements to financial compensation FELA provides for medical expenses and lost earnings including future earning capacity as well as death benefits and suffering and pain Workers compensation on the other hand offers only temporary medical treatment and a predetermined amount of money to cover longterm disability which is usually less than what a worker has lost The FELA law applies to railroads operating in interstate or international commerce and allows injured employees and their family members to file an action against their employer for damages resulting from the companys negligence This LibGuide provides a starting point for further research on this subject The LibGuide includes links to online resources available on the Villanova Law Library website Some of these resources require a password for access This LibGuide is intended to serve as a study supplement for Villanova law students This guide is not intended to be legal advice Please consult an attorney if you need additional assistance Many people are unaware that FELA offers railroad workers specific protections Many people are mistakenly thinking that FELA is like state laws on workers compensation however they arent Railroad workers injured in an accident must be aware of the differences between the two types of claims so that they can get the most effective representation A skilled lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the different types damages that they are entitled to The injured worker will be able to receive the maximum amount of compensation allowed by FELA If you are a railroad employee who was injured on the job contact a Designated Legal Counsel DLC firm for advice