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Federal Employers Liability and Workers Compensation People who work in industries with high risks must follow strict safety guidelines Workers who suffer injuries in these industries or die can claim workers compensation Railroad employees arent covered by state workers compensation programs Instead they might be able to sue employers under federal laws such as the Federal Employers Liability Act FELA code 45 USC 5160 Workers Compensation vs FELA FELA and workers compensation are two distinct legal systems that have a lot of differences in the manner they operate FELA while both provide financial aid to injured workers but only applies to those in the railroad industry Workers compensation however is designed to cover various private and public professions In contrast to FELA the workers compensation requires that an employer be deemed to be responsible in some way for an employees injury or illness FELA founded in 1908 was established to deal with the alarming amount of railroad workers who were injured crushed or otherly seriously injured on the job It is a program that allows railroad workers who were injured to bring lawsuits and claim compensation which includes medical expenses and other related costs FELA not only helps injured workers but also makes railroads more accountable for the safety of both their employees and the people who use or use their facilities The law was passed by Congress to force railroads to improve safety standards and to encourage them to take action This has led to a safer workplace and workplace for all involved It is essential that injured workers and their families have a seasoned attorney on their side when filing a FELA lawsuit These attorneys can help gather the necessary evidence to make a compelling case in court They can also negotiate on behalf of victims with insurance companies if required The biggest difference between FELA and workers compensation is that FELA specifically exempts railroad workers from the states laws on workers compensation meaning that they cannot be accused of a claim under workers compensation If a railroad worker decides to file a workers comp claim it could interfere with the FELA case and impede the claimant from claiming all the damages they are entitled to Another major difference is that in a workers compensation claim it is not required to establish negligence In a FELA claim on the other hand the plaintiff must show that their injuries were caused in full or in part due to the negligence of a railroad company or its servants agents or employees FELA Vs State Law Railroad workers are among the most dangerous jobs in America Workers compensation laws in the state do not protect them however a federal law protects them from railroad negligence It also sets high liability standards In 1908 Congress created the Federal Employers Liability Act FELA in response to the alarming accidents and injuries statistics that were being reported by railroad workers The law gives railroad workers the ability to claim damages for injuries This includes compensation for pain and discomfort as well as lost wages The law also prohibits railroads from attempting to deny injured workers their right to compensation fela lawsuit settlements provides injured workers the right to file their claim before both state and federal court if railroads are not found negligent To be able to file a FELA lawsuit the railroad worker was employed by a common carrier at the time of the injury and engaged in interstate business Railroads are considered to be common carriers that operate between two or more different states and maintain railroad tracks used by other interstate railroads This includes freight and passengers railroads as well as utilities operating in both private and public owned areas The FELA claim is based on evidence that an injury was caused by railroad negligence or more precisely it was a breach of its obligation to provide a safe workplace for its employees These claims are usually complex and the plaintiff must establish that the injury was caused by the railroads failure to perform its obligation This could be in the form of maintenance training and other aspects of a companys business practices Contrary to workers compensation laws the FELA statute permits the compensation for damages that are several times higher than those provided by State Workers Compensation Statutes It requires injured workers to prove that the employer was negligent in causing his or injury FELA Vs State Workers Compensation Statutes Workers compensation benefits are provided to many injured workers in the United States Most employers have workers compensation insurance that covers injuries sustained by employees in the course of their work Workers compensation is a nofault system The railroad industry has an alternative system referred to as the Federal Employers Liability Act for its employees The FELA law was first enacted in 1908 and predates state workers 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 that this negligence caused the death or injury to the worker The law also stipulates that the injury or death must have occurred in the context of work This means that railroad employees can sue for a greater amount of damages than other workers who suffer injuries can get through their employers workers compensation insurance The FELA law permits recovery of damages including lost earnings medical expenses and funeral costs The law also allows the personal representative of the deceased employee to sue for damages including loss of companionship or support The law also allows for the statute of limitations to be three years to file an FELA claim While the process for workers compensation can take several months from filing to receiving the initial benefits FELA claims are handled much differently Claimants are able to initiate their FELA claims by submitting an application for an informal hearing with the workers compensation office within their region If they are not happy with the outcome of their case they may want to escalate the process to a contested hearing However if they are not satisfied with the outcome of their contested hearing they may file a lawsuit in federal court Contrary to other types of personal injury litigation that are typically handled in state courts FELA claims must be filed in federal courts This is why it is essential that a FELA lawyer with a solid understanding of federal law be chosen to handle the case Furthermore because FELA is a subspecialty in personal injury law that means the FELA lawyer must have a thorough understanding of state tort law and common law negligence principles For more details on how a FELA lawyer can help you with your case we invite you to contact us today FELA in contrast to State Workers Compensation Rules If youre a railroad employee who was injured on the job you should work with an FELA lawyer FELA is which is a federal law that safeguards railroad workers differs from state workers compensation laws If a worker is injured as a result of their job must be able to show that their employer was at most partially negligent The most significant difference between the FELA case and a workers compensation claim is that FELA is founded on tort law while workers compensation is a nofault system In 1908 the FELA was passed to permit railroad employees to sue their employers for negligence and have the cases be heard by a juror and ruled on 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 One of the major distinctions between FELA and workers compensation is the kinds of compensation that railroad workers are able to receive In workers compensation the financial awards are limited to a maximum of 23 of the workers preinjury earnings In FELA cases the amount that a plaintiff is able to recover for their injuries is unlimitable This includes not just the expense of medical bills but also damages such as suffering and pain or a diminished quality of life In certain instances the punitive damages could be awarded in addition FELA is very different from workers comp in that it requires the victim to prove that their injury or illness was caused by the railroads negligence or inattention unlike claims for workers comp which typically stem from a person being injured through no fault of her own It is essential for injured railroad workers to be wellversed in both FELA and workers compensation to pursue a fair and full recovery If you are a railroad worker who has suffered injuries in the course of work It is crucial to seek advice from an experienced FELA lawyer A seasoned attorney can help you determine the best method to pursue an action for damages