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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 many workers compensation laws have the right to sue employers in accordance with federal law This is known as the Federal Employers Liability Act To win a FELA case railroad workers must demonstrate two things First the injury must be the result of the negligence of their employer Workers Compensation vs FELA Workers compensation and FELA are both designed to provide compensation to employees who suffer from workrelated illnesses or injuries However they differ in a few ways FELA is only applicable to railroad workers whereas workers compensation is applicable to a variety of jobs in both the public and private sectors FELA and workers compensation differ in terms of who determines the degree of fault how damages are awarded and the manner in which cases are handled FELA was passed because the risk of injury to railroad workers is very high Congress passed the law to safeguard the families of workers in the event that they are injured while working To be eligible for compensation under FELA the worker must prove that their employer has violated any federal law or regulation that pertains to safety in the workplace Examples of violations include the Safety Appliance Act SAA Boiler Inspection Act BIA and Power Brake Law In addition to providing financial compensation for future and past loss of income and medical treatment FELA provides for damages that arent covered by compensation such as suffering and pain Unlike workers compensation claims which are generally capped based on the injuries sustained a FELA can seek compensation for noneconomic damages such as emotional stress or loss of enjoyment of living Another distinction between FELA and workers compensation is that in order to be eligible for compensation under FELA the worker must prove that the employer was at least partly responsible for their injuries If an injury suffered by a worker is found to be attributable to them their damages could be reduced If a worker is injured because they were told to do something against 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 an claim In the case of a FELA case the statute of limitations is three years from the date of your injury however in a workers compensation claim the statute of limitations is 1 year This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury FELA vs State Law When a railroad worker is injured on the job and suffers an injury they can make a claim under workers compensation or the Federal Employers Liability Act FELA In contrast to the workers compensation laws which provide benefits regardless of who is responsible for the injury FELA is a liability statute Thus a successful FELA claim requires proof that railroad negligence was at play and that such negligence played a role in causing the workers injury The FELA law which was enacted in 1908 was enacted to compensate railroad employees who have been injured because of their job Prior to the enactment of this law death and injury rates among railroad employees were extremely high This led to the need provide railroad employees with comprehensive coverage which exceeds workers compensation laws In general the majority of cases the majority of FELA claim must be filed in federal court since the FELA is a federal law FELA claims can be filed in state court In a recent case from Tennessee Mills v CSX involved a railroad employee who claimed that his employer was liable for FELA FELA claims are similar to claims for workers compensation in that they provide the loss of wages medical expenses as well as pain and suffering damages These damages are based on the fact that the railroad was responsible for the injury or death because of its negligence or violation a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act In addition the FELA claimant must prove that the death or injury was caused in total or in part due to the negligence of the railroad FELA cases improved tort law by establishing of precedents for issues such emotional distress on the railroad and damages allocation as well as working conditions standards Particularly FELA claims have brought federal attention to an employers nondelegable duty to ensure that its employees are provided with a safe workplace This includes offsite facilities such as private hotels which railroad employees may stay while on business An experienced attorney for railroads can assist a railroad worker obtain the full benefits to which they are entitled to under FELA FELA vs State Workers Compensation Laws If an employee is injured while on the job then he or she may file for workers compensation benefits or sue their employer under FELA Both laws offer similar benefits including medical coverage and monetary payouts However they are different in important ways In contrast to workers compensation which permits employees to file without proving that their employer was responsible for their injuries FELA requires that the injured railroad employee demonstrate that their employer has violated a safety law of the federal government that led to their injury 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 more difficult to win a FELA claim than workers compensation claims since proof of negligence is required FELA allows railroad workers injured by a crash to have their cases considered by a panel of their peers and not the authority that oversees administrative workers compensation claims FELA also does not limit the amount of compensation an injured worker may be awarded whereas workers compensation claims do The distinction between these two statutes is crucial to understand 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 love has been injured as an employee of a railroad it is crucial that you speak with a professional FELA lawyers Grossman Law Offices can help you understand the differences in state laws on workers compensation and FELA Contact us today to speak to an attorney Were ready to assist you obtain the maximum benefits under FELA Click here to visit the National Division BLETs site to find a certified Designated Legal Counsel DLC Grossman Law Offices represents railway workers and their family members in FELA lawsuits We provide free consultations and are available to discuss your case by phone or in person Our attorneys are on a contingency basis which means that you will not be charged until we win 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 is an amount that is fixed regardless of the cause FELA cases will be decided by juries on the basis of comparative negligence Moreover FELA allows for much larger damage awards In fela law firm to financial compensation FELA provides for medical expenses and lost earnings including future earning capacity as well as death benefits and suffering and pain In contrast workers compensation provides only temporary medical benefits as well as a predetermined amount of money for longterm disability which often is not enough to cover a workers true losses The FELA law applies to railroads that operate in international or interstate commerce and permits injured employees and their family members to file a lawsuit against their employer for damages resulting from the negligence of the company This LibGuide is a good place to start your research It also provides links to a variety of online resources that are available on the Villanova Law Librarys website Some of these resources require a password for access This LibGuide was created as a study aid for Villanova Law students Nothing in this guide should be construed as legal advice If you need more assistance seek advice from an attorney Many workers are unaware that FELA is a unique piece of legislation that provides specialized protections to railroad employees Though many people believe that FELA and state workers compensation laws are alike however they are quite different Injured railroad workers need to be aware of the differences between the two types of claims in order that they receive the best representation A lawyer with experience can help the family of a railroad worker who has passed away or the injured employee in understanding the different types damages that they are entitled to The person who has been injured can receive the maximum amount of compensation that is allowed by FELA If you are a railroad employee who has been injured on the job contact an Designated Legal Counsel DLC firm for guidance