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Workers Compensation Vs Federal Employers Liability If railroad workers suffer injuries at work they are faced with unique legal issues Railroad employees unlike most workers compensation laws have the right to sue employers under federal law This is the Federal Employers Liability Act To win a FELA claim railroad workers must prove two things First that the injury occurred as a result of their employers negligence Workers Compensation vs FELA Workers compensation and FELA are both designed to pay employees who suffer workrelated injuries or illnesses However they differ in a few ways FELA only applies to railroad workers whereas workers compensation applies to a variety of jobs in both the public and private sectors FELA differs from workers compensation in that it is determined by the person who caused the accident damages are awarded and how and when cases are heard The risk of injury is high for people working on railroads and thats why FELA was enacted in 1908 Congress passed this law to protect workers and their families as well as themselves in the event of an injury on the job In order to be compensated under FELA the worker must prove that their employer has violated the federal law or regulation that relates to workplace safety Examples include violations of the Safety Appliance Act Boiler Inspection Act and Power Brake Law FELA also offers compensation for suffering and pain which are not covered by workers compensation Contrary to a workers comp claim which is usually capped at an amount based on the severity of injuries and other injuries the FELA claim may seek to recover compensation for noneconomic damages such as emotional distress and loss of enjoyment life The main distinction between FELA compensation and workers compensation is the requirement that in order to receive compensation under FELA the worker has to prove that the employer was at least partially responsible for the injury If a worker is found to be responsible for their injury the amount of injuries could be reduced If a worker gets hurt because they were told to follow company policy and the company was found to be 50 responsible for example then the company may be held to be 50 responsible Workers compensation has an earlier timeframe for filing claims than a FELA case In a FELA case the statute of limitations is 3 years from the date of your injury when in the case of workers compensation the statute of limitation is one year It is therefore important to contact a FELA lawyer who has experience as soon as you can after the injury FELA in 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 workers compensation statutes which provide benefits regardless of fault FELA is a statute of liability A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the workers injuries The FELA legislation which was passed in 1908 was designed to compensate railroad employees who have been injured because of the nature of their job Prior to the passage of this law railroad worker deaths and injuries were high This led to the need to offer railroad workers a extensive coverage that is greater than workers compensation law A FELA lawsuit must be filed in federal courts because the FELA was enacted 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 liable under the FELA FELA claims are similar to workers compensation in that they cover lost wages medical costs and pain and suffering damages These damages are based upon the fact that the railroad was liable for the injury or death due to its negligence or in violation of an applicable safety law like the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA plaintiff must show that the injury or death was caused partially or in full by such negligence FELA cases have influenced 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 sparked national attention on the issue of an employers obligation to provide a safe working environment for its workers This includes offsite facilities like hotels that private parties use where a railroads workers might stay while traveling for business purposes An experienced attorney for railroads can assist a railroad worker get the full amount of benefits to which he or she is entitled under FELA FELA in opposition to State Workers Compensation Laws If a worker is injured on the job injury while working and suffers an injury on the job they can file for workers compensation or sue their employer under FELA While both laws offer similar benefits including medical coverage monetary payments and loss of future earnings however they differ in significant ways Contrary to workers compensation which allows employees to file a claim without proving their employer was responsible FELA requires the injured railroad worker to prove their employer violated a federal safety law which caused their injuries 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 In addition FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of their peers not the administrative authority who oversees workers compensation claims FELA does not also limit the amount of compensation an injured worker could receive whereas workers compensation claims do The distinction between the two statutes is crucial to know particularly for railroad employees who are not covered by state workers compensation laws and have to pursue their cases through FELA If you or someone you know has been injured while working as a railroad worker it is essential to speak with a professional 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 Were here to help you receive the best benefits under FELA To find a reputable Designated Legal Counsel DLC firm click here to be taken to the National Division BLET website Grossman Law Offices represents railway workers and family members in FELA lawsuits We offer nocost consultations and are available via phone or in person to discuss your case Our lawyers work on a contingent basis meaning you will not be charged until we win FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad employees to sue their employers for injuries In contrast to workers compensation which provides the same 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 FELA also covers medical expenses as well as lost wages including future earning potential and death benefits along with suffering and pain fela railroad accident lawyer on contrary provides temporary medical care and a predetermined amount of money to cover longterm disability which is often far less than what a worker has lost The FELA law applies to railroads that operate in international or interstate commerce and it allows injured employees and their family members to file a lawsuit against their employer for damages resulting from the companys negligence This LibGuide provides a starting point for further research on this subject The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website Access to certain resources may require a password This LibGuide is designed to be an educational supplement for Villanova law students This guide is not intended to constitute legal advice Please consult an attorney if you need assistance Many workers are unaware that FELA offers railroad workers specific protections Though many people believe that FELA and state workers compensation laws are the same however they are quite different Injured railroad workers must be aware of the differences between these two types of claims in order to receive the most effective representation In the case of an injury a skilled lawyer can help the injured employee or the family members of a deceased railroad employee to comprehend the various types of damages that they can claim in their claim The injured person will be able to receive the maximum amount of compensation permitted by FELA If youre a railroad worker injured on the job you should consult a firm of Designated Legal Counsel