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Workers Compensation Vs Federal Employers Liability Railroad workers face unique legal challenges when they are injured at work Railroad employees unlike most workers compensation laws have the right to sue employers in accordance with federal law This is known as the Federal Employers Liability Act To prevail in a FELA case railroad workers must prove two things First that the injury was the result of the negligence of their employer FELA Vs Workers Compensation Workers compensation and FELA are both designed to pay employees who suffer from workrelated injuries or illnesses However they differ in a few ways FELA is only applicable to railroad workers whereas workers compensation is applicable to a broad range of jobs in both the public and private sectors FELA differs from workers compensation in that it is governed by the person who caused the accident what damages are awarded and how and when cases are heard The risk of injury is a high risk for workers on railroads and thats why FELA was adopted in 1908 Congress passed this law to protect workers and their families as well as themselves in the event of injury while working To be eligible for compensation under FELA the worker must prove their employer violated a federal law or regulation related to workplace safety Examples of violations include the Safety Appliance Act SAA Boiler Inspection Act BIA and Power Brake Law In addition to providing financial compensation for past and future loss of income and medical treatment FELA provides for damages which arent covered under workers compensation like suffering and pain Contrary to claims under workers compensation which are usually capped based on the injuries suffered a FELA can seek compensation for noneconomic losses such as emotional stress or loss of enjoyment of living Another distinction between FELA and workers compensation is that in order to receive compensation under FELA the worker must prove that the employer was at least partially responsible for their injuries If a worker is found to be the cause of their injury the amount of their damages could be reduced For instance in the event that a worker was instructed to do something against company policy and they were injured as a result the company could be held 50 percent responsible for their injuries Workers compensation cases require an earlier time frame to submit a claim In a FELA case the statute of limitations is three years from date of your injury when in the case of workers compensation the statute of limitation is 1 year It is therefore important to contact a FELA lawyer experienced in the earliest time you can after your injury FELA Vs State Law If a railroad employee is injured while working he or her may make a claim under the Federal Employers Liability Act or workers compensation In contrast to workers compensation statutes which provide benefits regardless of fault FELA is a statute of liability A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of the workers injuries The FELA was passed in 1908 and was designed to provide compensation to railroad workers injured for injuries suffered because of the nature of their work Prior to the passage of this law death and injury rates among railroad employees were quite high This led to the need provide railroad workers with comprehensive coverage which exceeds the workers compensation laws In general it is the case that an FELA claim must be filed in federal court due to the fact that the FELA is a federal law FELA claims can be filed in state court For example a recent case in Tennessee Mills v CSX was a railroad employee who claimed that his employer was responsible under the FELA FELA claims are similar to claims for workers compensation in that they compensate for lost wages medical expenses and pain and suffering damages These damages are based on the notion that a railroad is responsible for the injury or death due to its negligence or a violation of a safety law like the Locomotive Inspection Act or the Federal Safety Appliance Act A FELA claimant must also show that the injury or death was caused in part or in totality due to the negligence FELA cases have influenced tort law through the establishment of precedents in areas such as a railroad emotional distress damages allocation and working conditions standards FELA claims specifically have drawn national attention on the issue of a nondelegable employers duty to provide a safe and secure work environment for its workers This includes offsite locations such as private hotels where railroad workers may stay when traveling for business A good railroad attorney can assist a railroad worker get the full benefits to which he or she is entitled under FELA FELA Vs State Workers Compensation Laws If a worker sustains an injury while on the job they may file for workers compensation or sue their employer under FELA Both laws provide similar benefits such as cash payouts and medical coverage However fela case settlements differ in important ways In contrast to workers compensation which allows workers to file without proving their employer was to blame FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law that caused 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 a workers compensation claim because the evidence of negligence must be presented In addition FELA cases allow injured railroad workers to take their case to a jury trial and get their case decided by a group of peers not the administrative authority who oversees workers compensation claims FELA does not also limit the amount of damages an injured worker could be awarded whereas workers compensation claims do It is important to know the difference between these two statutes especially for railroad employees who arent covered by state laws on workers compensation They must take their cases to FELA If you or someone you know was injured while working as a railroad employee it is essential to speak with experienced 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 We are prepared to help you maximize the benefits available under FELA Click here to visit the National Division BLETs site to find a qualified Designated legal Counsel DLC Grossman Law Offices represents railway workers and family members in FELA lawsuits We offer free consultations and are able to discuss your case over the telephone or in person Our lawyers also operate on a contingency basis which means that you dont pay unless we succeed in your case FELA against State Workers Compensation Statutes The Federal Employers Liability Act FELA provides railroad workers the ability to sue their employers in injury claims Contrary to workers compensation which provide an amount that is fixed regardless of who is at fault for the accident 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 as well as lost earnings including future earning capacity as well as death benefits and suffering and pain Contrary to this workers compensation gives only temporary medical benefits and a fixed amount of money for longterm disability which often does not cover the true costs of a worker The FELA law applies to railroads that operate in interstate or international commerce and it allows injured employees and their family members to file a lawsuit against their employer to recover damages caused by the negligence of the company This LibGuide is a great place to start your research The LibGuide includes links to online resources on the Villanova Law Library website Some of these resources require a password for access This LibGuide is intended to serve as an educational supplement for Villanova law students This guide is not intended to be taken as legal advice Please consult an attorney if you need assistance Many people do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees While many believe that FELA and state laws on workers compensation are alike however they are quite different Railroad workers who have been injured must be aware of the differences between the two types of claims so they can receive the most effective representation A skilled lawyer can assist the family members of a railroad worker who has died or the injured employee in understanding the various types of damages that they are entitled to The injured worker will be entitled to the maximum amount of compensation that is allowed by FELA If you are a railroad worker who has been hurt while on the job call a Designated Legal Counsel DLC firm for advice