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Federal Employers' Liability and Workers' Compensation Those who work in high-risk industries must follow strict safety guidelines. Workers who suffer injuries or even death in these fields can file for workers compensation. However railroad employees are not covered from state workers' comp programs. Instead, they may be able to sue employers under federal laws, such as the Federal Employers' Liability Act (FELA) code 45 U.S.C. 51-60. Workers' Compensation vs. FELA FELA is a separate legal system from workers compensation. They operate in a very different way. Both offer financial assistance to injured workers, FELA is specific to railroad jobs and only applies to those working in the railroad industry. Workers are compensated to cover a wide variety of federal, private, and public positions. Workers compensation is different from FELA requires that the employer be held at fault for an employee's illness or injury. Established in 1908, FELA was created to address the alarming number of railroad workers who were maimed or crushed or seriously injured during their work. It is a system that allows railroad workers who were injured to make lawsuits and seek compensation, including medical expenses and other related expenses. FELA not only aids injured workers but it also makes railroad companies more accountable for the safety of both their employees and the people who use or access their services. Congress passed the law in order to place pressure on railroads and encourage businesses to improve their safety standards. This will ultimately result in an environment that is safer for everyone who is involved. It is important that injured workers and their families have a seasoned attorney on their side when it comes to filing a FELA lawsuit. These attorneys can assist in gathering the evidence required to present a an effective case in the courtroom. They can also advocate on behalf of victims with insurance companies, if required. The biggest difference between FELA & workers' compensation is the fact that FELA specifically excludes railroad employees from the state's worker's compensation laws. This means that they aren't able to be sued under the workers' compensation. In fact when a railroad employee pursues a workers' comp claim this could affect their FELA case and could prevent them from seeking the full amount of damages to which they are entitled. Another significant distinction is the fact that in a workers' comp claim, it's not necessary to prove negligence. In a FELA claim however the plaintiff must show that their injuries were caused in whole or in part, due to the negligence of a railroad company or its agents, servants, or employees. FELA vs. State Law Railroad workers are among the most hazardous jobs in America. State workers' compensation laws do not protect them but a federal law protects them against railroad negligence. It also sets high liability standards. In response to the alarming increase in accident and injuries statistics for railroad workers, Congress passed the Federal Employers' Liability Act in 1908. The law provides railroad employees a way to recover damages for their injuries. This includes compensation for pain and discomfort and lost wages. The law also prohibits railroads from trying to strip injured workers of their right to complete compensation. FELA also provides injured workers the right to file their claim before both state and federal court if railroads cannot be found negligent. To be eligible to file a FELA claim the railroad employee must have been employed by a common carrier and was engaged in interstate commerce at the time of his or her injury. Railroads are considered common carriers if their operations are spread across two or more states, and they manage or own the railroad tracks that other interstate railroads also use. This includes passenger and freight railroads as well as utilities operating in both privately and public owned areas. The FELA claim must be based by evidence of an injury caused by the railroad's negligence or, more precisely, its breach of its obligations to provide a safe work environment for its employees. These claims can be complex and the plaintiff has to prove that the injury is directly linked to the railroad's failure. This could be in the form of maintenance, training, and other aspects of the business practices of a company. In contrast to state workers' compensation statutes, the FELA allows compensation damages to be awarded that are several times more than the amount offered by state worker's compensation laws. However, it requires that an injured worker prove that the employer was negligent in causing the injury. FELA Vs. State Workers' Compensation Statutes Many workers in the United States who are injured at work have access to workers' compensation benefits. Most employers have insurance for workers' compensation which covers injuries suffered by employees while performing their duties. Workers' compensation is an no-fault insurance program. The railroad industry uses another system, known as the Federal Employers Liability Act, for its employees. The FELA law, which was enacted in 1908 is prior to state workers' comp laws and prohibits workers' compensation rules from being applicable to railroad industry workers. Contrary to cases involving workers' compensation, FELA requires a plaintiff prove that the employer was negligent, and this negligence caused the death or injury to the worker. The law also includes a requirement that the injury or death was incurred as a result of working. This means that railroad employees are able to sue their employers for a higher amount of damages than any other workplace injury victim can receive from their workers insurance. The FELA law permits recovery of damages including lost earnings, medical expenses and funeral expenses. It also permits the personal representative of the deceased employee to sue for damages including loss of companionship and support. The law also permits a time limit of three years to make a FELA claim. While the process for workers' compensation can take several months from filing to receiving initial benefits, FELA claims are handled much differently. Claimants can start their FELA claim by filing a request for an informal hearing with the workers' compensation office in their region. If they're not satisfied with the outcome of their claim they can escalate the process to a hearing that is contested. If they're not satisfied with their contested hearing they can bring a federal lawsuit. In contrast to other types of personal injury lawsuits that are usually handled in state court, FELA claims must be filed in federal courts. Therefore, it is crucial to select a FELA attorney who is familiar with federal law. FELA is a sub-specialty of personal injury law, a FELA lawyer should also have specific knowledge of state tort laws as well as common law negligence rules. Please contact our firm for more details on how a FELA lawyer can help you with your case. FELA Vs. State Workers' Compensation Rules If you're a railroad employee who has been injured on the job you should work with an FELA lawyer. FELA, which is a federal law that safeguards railroad workers, differs from state workers' compensation laws. Injured workers must prove that their employer was negligent. The most significant distinction between the FELA claim and a workers' comp case is the fact that the FELA claim is built on the tort law whereas workers' comp is a no-fault system. In 1908 the FELA was enacted to allow railroad employees to sue their employers for negligence and have the cases considered by a juror and decided by a law court. It was a direct response to the huge number of railroad workers who were injured or killed in the course of performing their jobs. fela attorneys of damages that railroad employees can receive is among the major differences between FELA and workers compensation. Workers' compensation awards are limited to 2/3 of a worker's earnings prior to the injury. In FELA lawsuits the amount the plaintiff is entitled to for their injuries is unlimited. This is not just the expense of medical bills but also damages such as pain and suffering or diminished quality of living. In certain cases, punitive damages may be awarded too. FELA differs from workers' comp in that it requires the victim to prove that their injury or illness was caused by the railroad's negligence or carelessness unlike claims for workers' comp, which typically stem from the victim being injured due to no fault of her own. It is essential for injured railroad workers to be aware of both FELA and workers' compensation so as to seek a fair and complete recovery. If you've suffered an injury while working as an employee of a railroad, it is important to speak with a seasoned FELA attorney. An experienced lawyer can assist you in determining the best method to make a claim for financial damages.