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Workers Compensation Vs Federal Employers Liability When railroad workers are injured at work they are faced with unique legal issues In contrast to most workers compensation laws railroad workers have the right to sue their employers under federal law specifically the Federal Employers Liability Act FELA To win a FELA case railroad workers must demonstrate 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 are designed to compensate workers for injuries or illnesses that result from their work however the two laws differ in a number of ways FELA only applies to railroad workers whereas workers compensation applies to a wide variety of jobs within the public and private sectors FELA differs from workers compensation in that it is decided by the person who caused the accident what damages are awarded and how and when cases are heard The risk of being injured is a high risk for workers on the railroad and thats why FELA was adopted in 1908 Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job To be eligible for compensation under FELA workers must prove that their employer has violated a federal statute or regulation relating to safety at work Examples include violations of the Safety Appliance Act Boiler Inspection Act and Power Brake Law In addition to providing financial compensation for past and future loss of wages and medical treatments FELA provides for damages that arent covered by workers compensation including suffering and pain Unlike a workers compensation claim which is typically restricted to a maximum amount based upon the severity of injuries however a FELA claim may seek to recover compensation for noneconomic damages such as emotional distress and loss of enjoyment life Another difference between FELA and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for their injury If a worker is determined to be the cause of their injuries the amount of their damages could be reduced For instance in the event that the worker was told to perform a task that was against company policy and they were injured in the process the company could be held 50 percent responsible for their injuries Workers compensation is an earlier filing time for an claim than the FELA case In a FELA claim the statute of limitation is three years from the date your injury occurred whereas in a workers compensation case it is one year It is therefore important to consult an FELA lawyer who has experience as soon as you can after your injury FELA in vs State Law If a railroad employee gets injured while at work he or her may file a claim either under the Federal Employers Liability Act or workers compensation In contrast to workers compensation statutes which provide benefits regardless of the fault of the injured party FELA is a statute of liability Consequently the successful FELA claim requires proof that railroad negligence was at play and that the negligence played a role in the injury of the worker The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries suffered because of the nature of their work Prior to the passing of this law injury and death rates among railroad workers were quite high This led to the need for a comprehensive insurance that went beyond the workers compensation laws 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 instance the case that was recently heard in Tennessee Mills v CSX involved a railroad employee who claimed that his employer was responsible under the FELA FELA claims are similar to claims for workers compensation claims in that they provide lost wages medical costs and pain and suffering damages These damages are based on the notion that a railroad was liable 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 Additionally the FELA claimant must show that the death or injury was caused in whole or in part by the negligence FELA cases have improved tort law by setting precedent for issues such as railroad emotional distress as well as damages distribution and working conditions requirements FELA claims in particular have brought federal attention to the issue of the obligation of a nondelegable employer to provide a safe working environment for its employees This includes offsite facilities like hotels that are private where railroad workers may be able to stay when on business A good railroad attorney can help an injured railroad worker get the full benefits that he or she is entitled under FELA fela lawsuit settlements in opposition to State Workers Compensation Laws If a worker is injured on the job injury while working they may file for workers compensation or sue their employer under FELA Both laws provide similar benefits such as financial compensation and medical coverage However they differ in some important ways Unlike workers comp which allows employees to claim benefits without having to prove that their employer was responsible for their injuries FELA requires that the injured railroad employee prove that their employer violated a safety rule 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 harder to win a FELA claim than workers compensation claims since proof of negligence is required FELA allows injured railroad workers to have their cases considered by a group consisting of their peers not the administrative authority responsible for deciding workers compensation claims FELA does not restrict the amount of damages an injured worker may receive while workers compensation claims do It is important to know the distinction between these two statutes particularly for railroad workers who arent covered under state laws on workers compensation They have to be pursuing their cases under FELA If you or someone you know has been injured on the job as a railroad employee it is important to talk with experienced FELA attorneys To know more about the distinctions between FELA and state workers compensation laws speak with an attorney at Grossman Law Offices today Were prepared to assist you get the most benefits that are available under FELA Click here to visit the National Division BLETs website to find an experienced Designated Legal Counsel DLC The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits We offer free consultations and are willing to discuss your case over the telephone or in person Our lawyers work on a contingent basis meaning you wont be charged unless we prevail FELA Vs State Workers Compensation Statutes The Federal Employers Liability Act FELA allows railroad workers the right to sue their employers in injuries claims In contrast to workers compensation which provide the same amount of benefits regardless of who is at fault for the accident FELA cases are decided by juries based on comparative negligence Moreover FELA allows for much larger damage awards In addition to monetary compensation FELA provides for medical expenses lost earnings including future earning capacity and death benefits and pain and suffering In contrast workers compensation provides only temporary medical benefits as well as a predetermined amount of money for longterm disability This usually falls far short of covering the true costs of a worker The FELA law applies to railroads that operate in interstate or international commerce and permits injured employees and their families to file lawsuits against their employers for any damages resulting from the companys negligence This LibGuide is a good place to start your research The LibGuide contains links to online resources available on the Villanova Law Library website Some of these resources require a password for access This LibGuide is intended as an educational supplement for Villanova law students The information contained in this guide should not be construed as legal advice You should consult with an attorney if you require additional assistance Many workers are unaware that FELA provides railroad employees with specialized protections Though many people believe that FELA and state laws on workers compensation are similar but they are vastly different Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation In the event of an injury a qualified lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim The person who has been injured will be entitled to the maximum amount of compensation permitted by FELA If you are a railroad worker who has been hurt on the job you should contact an Designated Legal Counsel DLC firm for advice