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Federal Employers' Liability and Workers' Compensation Workers who work in areas that are high risk must follow strict safety guidelines. Workers who are injured or killed in these fields can claim workers' compensation. Railroad employees aren't covered by state workers compensation programs. They may instead be able to sue their employer under federal laws such as the Federal Employers' Liability Act, code 45 U.S.C. 51-60. FELA vs. Workers' Compensation FELA and workers compensation are two distinct legal systems that have a lot of distinctions in the way that they operate. While both provide financial assistance to injured workers, FELA is specific to railroad jobs and only applies to those who work in the railroad industry. Workers' compensation however is designed to cover many different private, public, and federal occupations. Workers' compensation unlike FELA requires that the employer be found responsible for an employee's illness or injury. In 1908, FELA was created to combat the growing number of railroad workers who were injured or crushed or seriously injured in the course of their work. It is a system that allows injured railroad workers to file lawsuits against their employers and seek compensation for their losses, including medical bills and other related expenses. In addition to aiding injured workers, FELA also forces railroad carriers to take on more responsibility for the security of their employees as well as those who utilize their services. Congress passed the law in order to put pressure on railroads and encourage companies to improve their safety standards. This has resulted in an environment that is safer for everyone involved. It is essential that injured workers and their families have a seasoned attorney on their side when filing a FELA lawsuit. They can assist in gathering the right evidence to present a compelling case in court. They can also advocate on behalf of victims with insurance companies, if required. The main difference between FELA and workers' compensation is the fact that FELA specifically excludes railroad workers from the state's laws regarding worker's compensation. This means that they aren't able to be sued under the workers' compensation. If a railroad employee files a workers' compensation claim, it could cause a conflict with the FELA case, and stop them from claiming all of the damages they are entitled to. The other major distinction is that in a workers' compensation claim, the burden of the proof of negligence is relatively low. In a FELA claim however the plaintiff must show that their injuries were caused, in full or in part due to the negligence of a railroad carrier or its agents, servants or employees. FELA Vs. State Law Railroad workers are among the most dangerous in America. Workers' compensation laws in the state do not cover them however federal law protects them against the railroads' negligence. It also sets high liability standards. In response to the alarming number of accidents and injury statistics of railroad workers, Congress passed the Federal Employers' Liability Act in 1908. This law provides railroad employees with a way to recover for their injuries, including damages for pain and suffering and lost wages. fela law firm prohibits railroads from trying to deny injured workers their right to compensation. FELA also allows injured workers the right to file their claim in both state and federal court if railroads cannot be found to be negligent. To be able to make a FELA claim, the railroad employee must have been employed by a common carrier and engaged in interstate commerce at the time of the injury. Railroads are considered common carriers if they operate between two or more states and have their own or maintain railroad tracks that are used by other interstate railroads. This includes passenger and freight railroads, as well as utilities operating in both privately and public owned areas. The FELA claim is based on evidence that an injury was caused by negligence on the part of railroads or, more precisely, a breach of its duty to provide a safe and secure workplace for its employees. These claims can be a bit tangled and the plaintiff must demonstrate that the injury is directly related to the railroad's negligence. This could be in the form of maintenance, training, and other aspects of the business practices of a company. Unlike state workers' compensation statutes and the state workers' compensation statutes, the FELA allows compensatory damages to be granted that are many times greater than those provided by state worker's compensation laws. It still requires injured workers to prove that his or employer was negligent in causing his or injury. FELA vs. State Workers' Compensation Statutes Workers Compensation benefits are offered to many injured workers in the United States. Most employers have workers' compensation insurance that covers any injuries sustained by employees while performing their duties. Workers' compensation is an insurance system that is not based on fault. However, the railroad industry has a different system for employees, which is known as the Federal Employers Liability Act. The FELA law was enacted in 1908 and predates state worker's comp laws. It prohibits workers’ comp rules from being applied to railroad employees. Contrary to workers' compensation cases, FELA requires a plaintiff prove that the employer was negligent, and this negligence caused death or injury to the worker. The law also includes a requirement that the injury or death occurred as a result of employment. This means that railroad workers can sue for a larger amount of damages than other workplace injury victims are entitled to through their employers workers' compensation insurance. The FELA law permits the recovery of damages including lost earnings, medical expenses and funeral costs. It also allows the personal representative of the deceased employee to file a lawsuit for damages, including loss of companionship and support. The law also provides for the statute of limitations to be three years to make a FELA claim. While the process of workers' compensation can take several months from the time of filing until receiving initial benefits, FELA claims are handled much differently. Claimants can begin their FELA claims by filing an informal hearing with the workers compensation office in their area. If they're not satisfied with the outcome of their claim they can take the matter to a contested hearing. If they are not satisfied with the outcome of their contested hearing they can make a federal complaint. Unlike other types of personal injury litigation which are usually handled in state courts, FELA claims are filed in federal court. Because of this, it is crucial that an FELA lawyer who is familiar with federal law is chosen to manage the case. FELA is a sub-specialty of personal injury law, an FELA lawyer must also possess specialized understanding of state tort laws as well as common law negligence rules. For more details on how a FELA lawyer can help you with your case we invite you to contact us today. FELA Vs. State Workers' Compensation Rules If you're a railroad employee who has been injured while working, you must work with an FELA lawyer. FELA is which is a federal law that safeguards railroad workers, is distinct from state laws on workers' compensation. Those who are injured during their work must be able to show that their employer was at a minimum partially negligent. The most significant difference between a FELA case and a workers' compensation case is that FELA is founded on tort law, while workers' compensation is a no-fault system. In 1908 the FELA was passed to allow railroad workers to sue their employer 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 maimed, crushed or killed while performing their jobs. The types of damages that railroad employees may be awarded is one of the primary differences between FELA as opposed to workers compensation. Workers' compensation awards are limited to 2/3 of a worker's income before the injury. In FELA cases the amount that a plaintiff can receive for their injuries is indefinite. This does not just include medical expenses as well as damages for pain and suffering, as well as diminished quality of life. In certain instances, punitive damages may be awarded in addition. FELA differs from workers' compensation in that the injured must prove that the railroad was negligent or careless and workers' compensation claims are based on the fact that the individual was injured and not at fault. Injured railroad workers should understand both FELA and workers' compensation, to ensure a fair and complete recovery. If you are a railroad worker who has suffered injuries while on the job it is essential to seek the advice of an experienced FELA lawyer. An experienced lawyer can assist you in determining the best way to pursue a claim for monetary damages.