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Workers Compensation Vs Federal Employers Liability Railroad employees face unique legal issues when they suffer injuries at work Unlike most workers insurance laws railroad employees have the right to sue their employers under federal law specifically the Federal Employers Liability Act FELA To prevail in a FELA case railroad workers need to establish two things First that the injury occurred as a result of the negligence of their employer Workers Compensation vs FELA While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work However these two laws differ in a number of ways In particular FELA is only applicable to railroad workers while workers compensation is applicable to a variety of private and public sector jobs FELA and workers compensation are also different in regards to who decides the fault and how damages are determined and where and how cases are decided FELA was enacted because the danger of injury for railroad workers is very high Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury on the job To be eligible for compensation under FELA workers must prove that their employer has violated the federal law or regulation relating to workplace safety Examples include violations of the Safety Appliance Act Boiler Inspection Act and Power Brake Law FELA also provides 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 however a FELA claim may seek to recover compensation for noneconomic damages such as emotional distress and loss of enjoyment of life The distinction between FELA compensation and workers compensation is the requirement that in order to be eligible for compensation under FELA the worker must prove that the company was at the least partially responsible for the injury If the injury suffered by a worker is determined to be attributable to them their damages can be reduced If a worker gets hurt due to being told to do something against company policy and the company was found to be 50 responsible for example then the company could be held 50 responsible Workers compensation requires an earlier timeframe for filing an claim than a FELA case In the case of a FELA claim the statute is three years from the date your injury occurred whereas in a workers compensation case it is one year It is therefore important to contact an FELA lawyer experienced in the earliest time you can after your injury FELA Vs State Law If a worker on the railroad is injured while working he or she may file a claim under workers compensation or the Federal Employers Liability Act FELA In contrast to the workers compensation laws that provide benefits regardless of who was responsible for the injury FELA is a liability statute A successful FELA claim will require evidence that the railroad was negligent and that this negligence caused injuries to the worker The FELA which was passed in 1908 is designed to compensate railroad employees who have been injured because of their job Before the enactment this law railroad worker death and injury rates were high This led to the need to provide railroad employees with comprehensive coverage which exceeds 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 In a recent case in Tennessee Mills v CSX involved a railroad employee who claimed his employer was liable for FELA Like workers compensation like workers compensation a FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as damages for pain and suffering These damages are based upon the fact that the railroad was liable for the death or injury due to its negligence or violation the safety laws like the Locomotive Inspection Act and the Federal Safety Appliance Act A FELA claimant also has to prove that the injury or death was caused in part or completely due to such negligence FELA cases have benefited tort law by creating precedents for issues like emotional distress in the railroad damages distribution and working condition standards FELA claims in particular have sparked national attention to the issue of an employers obligation to provide a safe working environment for its workers This includes offsite facilities like hotels that are private which railroad employees may be able to stay when on business Railroad attorneys can help those who have been injured to receive the full benefits is entitled to under FELA FELA in opposition to State Workers Compensation Laws If workers are injured while working then he or she may apply for workers compensation benefits or sue their employer under FELA Both laws provide similar benefits including medical coverage and monetary payouts However they differ in some important ways Unlike workers compensation which allows workers to file without proving their employer was at fault FELA requires the injured railroad worker to prove that their employer violated an unconstitutional safety law that led to their injuries This includes laws such as 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 evidence of negligence must be provided FELA allows injured railroad workers to have their cases decided by a group consisting of their peers rather than the administrative authority responsible for deciding workers compensation claims Additionally FELA does not put a cap on the amount of compensation that could be granted to an injured worker while workers compensation claims limit damage awards according to a predetermined timetable It is important to know the distinction between these two laws especially for railroad workers who arent covered under state laws on workers compensation They are required to pursue their cases under FELA If you or a loved one has been injured by a railroad employee it is important to consult 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 an attorney Were ready to assist you get the most benefits available under FELA Click here to visit the National Division BLETs website to locate a certified Designated Legal Counsel DLC Grossman Law Offices represents railway workers and family members in FELA lawsuits We offer free consultations and are willing to discuss your case over the phone or in person Our lawyers also operate on a contingency basis which means that you dont pay unless we win your case FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act allows railroad employees to sue their employer for injuries Contrary to workers compensation which is an amount that is fixed regardless of the fault FELA cases will be decided by juries on the basis of the concept of comparative negligence Moreover FELA allows for much larger damage awards In addition to monetary compensation FELA provides for medical expenses and lost earnings including future earning capacity death benefits as well as suffering and pain fela lawsuit settlements on contrary provides temporary medical treatment and a predetermined amount of money to cover longterm disabilities which is usually less than the amount an individual loses The FELA law applies to railroads that operate in interstate or international commerce and permits injured employees and their families to file an action 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 provides links to online resources available on the Villanova Law Library website Access to some of these resources might require the use of a password This LibGuide is designed to be a study supplement for Villanova law students The information contained in this guide should not be taken as legal advice If you require more help please consult an attorney Many workers are unaware that FELA is a distinct piece of legislation that offers specialized protections to railroad employees Many people are mistakenly thinking that FELA is comparable to state workers compensation laws but theyre not Railroad workers who have been injured must be aware of the differences between these two types of claims in order to obtain the best possible representation A lawyer with experience can help the family of a railroad worker who has died or injured understanding the different types damages available to them The injured worker can receive the maximum amount of compensation allowed by FELA If youre a railway worker injured on the job consult an attorney from a firm that is Designated Legal Counsel