How Does FELA Differ From Workers’ Compensation?
FELA cases are subject to a three-year statute of limitations, which means that you must commence your action within three years of the date of the injury, or your claim will be forever barred. Also, it is important to note that although the worker's own negligence will not bar recovery, the amount of the award will be reduced.
One must be careful, however, not to confuse FELA with workers' compensation. In workers' compensation, the employee gives up the right to go to court in exchange for prompt payment of benefits according to a predetermined schedule. Although such payments are considerably less than what one would expect to recover in a lawsuit, there is no requirement of a trial for the injured worker to prove negligence or fault on the part of the employer.
FELA (Federal Employers Liability Act) cases may be brought in state or federal court. The decision of which forum to pursue depends on many factors and can be a critical component of your case. An attorney knowledgeable with FELA cases and the laws in your state will be able to determine the best course of action.
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