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Workers Compensation Vs Federal Employers Liability Railroad workers face unique legal challenges when they suffer injuries at work 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 To win a FELA case railroad workers must establish two things First they must prove that the injury occurred as a result of negligence by their employer Workers Compensation vs FELA Workers comp and FELA are both designed to compensate employees who suffer workrelated illnesses or injuries However they differ in a couple of ways FELA is only applicable to railroad workers whereas workers compensation is applicable to a variety of jobs within the private and public sectors FELA differs from workers compensation in that it is determined by the person who caused the accident damages are awarded and the manner in which and where the cases are decided The risk of injury is high for people working on the railroad which is why FELA was adopted in 1908 Congress passed this law to safeguard workers their families and themselves in the event of injury on the job In order to receive compensation under FELA workers must prove that their employer has violated any federal law or regulation that pertains to safety in the workplace Examples include a violation of the Safety Appliance Act Boiler Inspection Act and Power Brake Law In addition to providing financial compensation for the past and future loss of income and medical treatment FELA provides for damages that arent covered by compensation like suffering and pain In contrast to a workers compensation claim which is typically limited to a certain amount based on the severity of injuries a FELA claim may seek compensation for noneconomic damages such as emotional distress and loss of enjoyment of life Another distinction between FELA and workers compensation is that to get compensation under FELA workers must prove that the company was at least partially accountable for their injury If the injury suffered by a worker is determined to be the fault of the company their damages can be reduced For instance if the worker was told to perform a task that was against company policy and they were injured as a result the company could be held 50 responsible for their injuries Workers compensation cases have an earlier time frame to make an claim In the case of a FELA claim the statute of limitation is three years from when the injury occurred but in a workers comp case it is one year This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury FELA Vs State Law When a railroad worker is injured on the job the worker can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act FELA Contrary to the statutes for workers compensation that provide benefits regardless of fault FELA is a statute of liability Thus an effective FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury to the worker The FELA law which was enacted in 1908 was designed to compensate railroad workers who are injured because of their job Prior to the enactment of this law injury and death rates among railroad workers were extremely high This resulted in the need for a comprehensive coverage that goes beyond the laws governing workers compensation A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress However FELA claims are sometimes filed in state courts In fela railroad settlements from Tennessee Mills v CSX involved a railroad employee who claimed that his employer was responsible for the FELA FELA claims are similar to workers compensation claims in that they provide lost wages medical expenses and pain and suffering damages These damages are based on the fact that the railroad was responsible for the death or injury because of its negligence or a violation of an applicable safety law like the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA claimant also has to show that the injury or death was caused partially or in full by such negligence FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad as well as damages distribution and working conditions requirements In particular FELA claims have brought federal attention to the issue of an employers duty not delegated to ensure that their employees are protected in their workplace This includes offsite locations like private hotels where railroad workers may stay when traveling for business An attorney for railroads can assist those who have been injured receive the full amount of benefits is entitled to under FELA FELA Vs State Workers Compensation Laws If a worker is injured while working and suffers an injury on the job they can apply for workers compensation benefits or sue his employer under FELA Although both laws provide similar benefits such as medical coverage monetary payments and loss of future earnings they differ in important ways Unlike workers compensation which allows employees to file a claim without having to prove that their employer was at fault FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law which caused their injuries 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 as evidence of negligence is required FELA allows injured railroad workers to have their cases decided by a committee of their peers rather than the authority that oversees administrative workers compensation claims In addition FELA does not put an upper limit on the amount of damages that may be awarded to an injured worker and workers compensation claims limit damage awards based on a predetermined schedule The distinction between the two statutes is crucial to be aware of especially for railroad employees who are exempt from state workers compensation laws and are required to pursue their claims through FELA If you or someone you know was injured while working as a railroad worker it is important to talk with a professional FELA attorneys To know more about the distinctions between FELA and state workers compensation laws talk with an attorney from Grossman Law Offices today Were ready to assist 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 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 contingency basis meaning that you wont be charged unless we succeed FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad workers to sue their employer for injuries In contrast to workers compensation which pays a fixed amount regardless of fault FELA cases will be determined by juries based on the concept 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 death benefits as well as suffering and pain Workers compensation on contrary provides only temporary medical treatment and a set amount of money to cover longterm disabilities which is usually lower than what the worker is losing The FELA law applies to railroads that operate in international or interstate commerce and allows injured employees and their families to file lawsuits against their employers for damages resulting from the companys negligence This LibGuide is a good starting point for research on this topic It also provides links to a variety of online resources on the Villanova Law Librarys website Some of these websites require a password to 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 Consult an attorney if you require additional assistance Many people are unaware that FELA offers railroad workers specialized protections Many people mistakenly believe that FELA is comparable to state laws on workers compensation but they are not Railroad workers injured in an accident must be aware of the distinctions 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 died or the injured employee in understanding the various kinds of damages available to them The injured person will be able to receive the maximum amount of compensation that is allowed by FELA If youre a railroad worker injured on the job you should consult an attorney from a firm that is Designated Legal Counsel