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Federal Employers Liability and Workers Compensation People who work in industries that have high risk should follow strict safety guidelines Workers who suffer injuries or even death in these fields can apply for workers compensation However railroad employees are excluded from state workers comp programs They may instead be able to sue their employer under federal laws such as the Federal Employers Liability Act code 45 USC 5160 Workers Compensation vs FELA FELA is a distinct legal system than workers compensation railroad injury fela lawyer operate in a different method FELA while both provide financial benefits to injured employees is only applicable to those working in the railroad industry Workers compensation is on the other hand is designed to cover many different private as well as public jobs Workers compensation unlike FELA requires that the employer be held responsible for an employees injury or illness FELA founded in 1908 was established to tackle the alarming number of railroad workers who were injured crushed or otherwise seriously harmed while on the job It is a system that allows injured railroad workers to file lawsuits against their employers and seek compensation for their losses which includes medical bills and other expenses FELA does more than help injured workers but also makes railroad carriers more accountable for the safety of both their employees as well as those who use or access their facilities Congress passed the law in order to place pressure on railroads and encourage businesses to improve their safety standards which has resulted in a safer workplace and environment for everyone who is involved It is crucial that injured workers and their families have a knowledgeable attorney on their side when filing a FELA lawsuit They can assist in assembling the evidence required to build an argument in court They may also negotiate with insurance companies on behalf of the victim if necessary The biggest difference between FELA and workers compensation is that FELA specifically excludes railroad employees from the states laws regarding workers compensation This means that they arent able to be sued under workers compensation If a railroad worker files a workers compensation claim it could cause a conflict with the FELA case and prevent the claimant from claiming all the damages they are entitled to Another significant distinction is that in a workers compensation claim its not required to prove negligence In a FELA case however the plaintiff must demonstrate that the railroad carrier or its agents servants or employees were negligent in causing the injury FELA vs State Law Railroad workers have one of the most dangerous jobs in America Workers compensation laws in the state do not protect them however federal law protects them against the railroads negligence It also sets high liability standards In 1908 Congress created the Federal Employers Liability Act FELA in response to the shocking accident and injury statistics among railroad workers The law provides railroad employees the ability to claim damages for their injuries This includes damages for pain and suffering as well as lost wages The law also prohibits railroads from trying to deny injured workers their right to compensation In addition FELA gives an injured worker the option of pursuing his or her claim in both state and federal court in the event that the railroad has not been found to be negligent To be able to make a FELA claim the railroad employee must be employed by a common carrier and was engaged in interstate commerce at the time of the injury Railroads are common carriers when their operations span two or more states and they also own or manage the railroad tracks that other interstate railroads use This includes passenger and freight railroads as well as utilities that operate in both public and private areas The FELA claim must be founded on evidence of an injury resulting from the railroads negligence or in other words it has not fulfilled its obligations to provide a safe work environment for its employees These claims are often complicated and the plaintiff has to demonstrate that the injury was resulted from the railroads failure to meet its duty This could include a wide variety of issues such as maintenance training and other aspects of the companys business practices In contrast to the state laws on workers compensation however the FELA allows compensation damages to be awarded that are several times more than the amount offered by state laws on workers compensation It requires an injured worker to prove that their employer was negligent in causing his or injury FELA vs State Workers Compensation Statutes Workers compensation benefits are available to injured workers throughout the United States This is due to the fact that most companies that hire employees have workers compensation insurance to cover any injuries an employee suffers during their work duties Workers compensation is an nofault insurance system The railroad industry uses a different system known as the Federal Employers Liability Act for its employees The FELA law which was enacted in 1908 predates state laws governing workers compensation and prohibits workers comp rules from affecting railroad industry workers Contrary to workers compensation cases FELA requires a plaintiff to prove that the employer was negligent and this negligence resulted in the death or injury to the worker The law also stipulates that the injury or death must have occurred during the course of employment This means that railroad employees can sue for a larger amount of damages than other workplace injury victims can get through their employers insurance which is known as workers compensation The FELA law allows for the compensation for damages such as lost earnings medical expenses and funeral expenses The law also permits the personal representative of the deceased employee to file a lawsuit for damages including loss of companionship and support The law also allows for a time limit of three years to file an FELA claim FELA claims can be handled differently While the workers compensation claim process can take months to complete it is much quicker for initial benefits Claimants can begin their FELA claim by filing a request for an informal hearing with the workers compensation office of their region If they arent satisfied with the outcome of their case they can take the matter to a contested hearing If they are not satisfied with the outcome of their contested hearing they can file a lawsuit in federal court In contrast to other types of personal injury litigation that are usually handled by state court FELA claims must be filed in federal courts It is therefore important to choose an FELA lawyer who is familiar with federal law FELA being a subspecialty in personal injury law an FELA lawyer must also have specialized knowledge of state tort laws as well as common law negligence rules Contact us for more details on how a FELA lawyer can help you with your case FELA in contrast to State Workers Compensation Rules If youre a railroad worker who was injured on the job you should seek out a FELA lawyer FELA is a federal law designed to protect railroad workers It differs from the workers compensation laws that protect state employees in other industries Injured workers must prove that their employer was negligent The primary difference between a FELA claim and a workers compensation case is that the FELA claim is based on the tort law whereas workers comp is a nofault system The FELA law was enacted in 1908 to give railroad workers the right to sue their employers for negligence in personal injury lawsuits and have those cases heard by a jury and the case decided by a court of law It was a direct response to the large number of railroad workers who were maimed or killed in the course of doing their job The types of damages that railroad employees can receive is one of the main differences between FELA vs workers compensation Workers compensation awards are restricted to 23 of the workers income prior to injury In FELA lawsuits the amount that a plaintiff can be awarded for their injuries is unlimited This includes not only medical expenses however damages for pain and suffering as well as diminished quality of life In some instances punitive damages may also be awarded FELA is very different from workers compensation in that it requires the victim to prove that their illness or injury was the result of the railroads negligence or carelessness whereas workers comp claims are typically based on the victim being injured due to no fault of his own Injured railroad workers should understand both FELA and workers compensation to ensure a fair and full recovery If you are a railroad worker who has suffered injuries in the course of work it is critical to seek the advice of an experienced FELA lawyer An experienced lawyer can assist you in determining the best method to seek monetary damages