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Federal Employers Liability and Workers Compensation Those who work in highrisk sectors must adhere to strict safety guidelines Workers who are injured in these industries or die may be eligible for workers compensation Railroad employees arent covered under state workers compensation programs Instead they may be able to sue their employers under federal laws like the Federal Employers Liability Act FELA code 45 USC 5160 Workers Compensation vs FELA FELA and workers compensation are two different legal systems that have a variety of distinctions in the way they operate FELA and workers compensation both of which provide financial aid to injured workers is only applicable to railroad industry Workers compensation however is designed to cover a wide range of private as well as public occupations Contrary to FELA workers comp requires that an employer be deemed to be responsible in some way for a workers injury or illness FELA was established in 1908 was created to tackle the alarming number of railroad workers who were injured crushed or otherwise seriously harmed while on the job It is a program that allows railroad workers who have been injured to bring lawsuits and claim compensation which includes medical expenses and other expenses In addition to aiding injured workers FELA also forces railroad carriers to assume more responsibility for the safety of their employees and the people who utilize their services Congress passed the law to pressure railroads and encourage companies to improve their safety standards This has ultimately made for an environment that is safer for everyone who is involved It is crucial that injured workers and their families have an experienced attorney by their side when it comes to filing a FELA lawsuit These attorneys can help gather the right evidence to present a compelling case in court They can also negotiate on behalf of victims with insurance companies if required The most significant difference between FELA workers compensation is the fact that FELA specifically excludes railroad workers from the states workers compensation laws This means that they cannot be sued under workers comp In fact when a railroad employee pursues a workers comp claim it could impede their FELA case and can hinder them from pursuing the full amount of damages to which they are entitled The other major distinction is that in workers compensation claims the burden of proof for proving negligence is fairly low In a FELA case in contrast 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 are one of the most dangerous people in America State laws on workers compensation do not cover them but a federal law protects them against railroad negligence It also sets high standards for liability In response to the alarming increase in accident and injury statistics of railroad workers Congress passed the Federal Employers Liability Act in 1908 The law provides railroad workers with the opportunity to claim compensation from their injuries including damages for pain and suffering as well as lost wages It also prohibits railroads from trying to strip injured workers of their right to full compensation Additionally FELA gives an injured worker the option to file their claim in federal and state court if the railroad has not been found to be negligent To be eligible to file 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 considered to be common carriers that operate between two or more states and have their own or maintain railroad tracks used by other interstate railroads This includes passenger and freight railroads as well as utilities operating in both public and privately owned areas The FELA claim must be based on the basis of evidence of an injury resulting from the railroads negligence or in other words the breach of its duties to provide a safe work environment for its employees These claims are usually complex and the plaintiff must demonstrate that the injury was caused by the railroads inability to meet its duty This could be in the form of maintenance training and other aspects of the business practices of a company Contrary to the state laws on workers compensation the FELA allows for compensation damages to be awarded that are several times greater than those provided by state workers compensation laws However it requires that the injured worker be able to demonstrate that his or her employer was legally negligent in causing the injury and that negligence caused the accident or death FELA vs State Workers Compensation Statutes Workers Compensation benefits are offered to injured workers throughout the United States Most employers have insurance for workers compensation that covers any injuries sustained by employees while performing their duties Workers compensation is a no fault system The railroad industry has an alternative system referred to 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 applying to railroad industry workers In contrast to workers compensation FELA cases require a plaintiff to prove that their employer was negligent and that their negligence led to the injury or death of the worker The law also requires that the death or injury must have occurred within the context of work This means that railroad workers can sue for a greater amount of damages than other workplace injury victims are entitled to through their employers workers compensation insurance The FELA law permits the compensation for damages such as lost earnings medical expenses and funeral expenses The law also permits the personal representative of an employee who has died to sue for damages including loss of companionship and support The law also provides a threeyear statute of limitations for filing a FELA complaint 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 start their FELA claim by submitting a request for an informal hearing at the workers compensation office of their region If they arent satisfied with the outcome of their claim they can take the matter to an appeals 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 which are typically handled in state courts FELA claims must be filed in federal courts Therefore it is crucial to choose a FELA lawyer who is familiar with federal law Furthermore because FELA is a subspecialty of personal injury law that means the FELA lawyer must have an indepth knowledge of state tort law and common law negligence principles Contact fela lawsuits for more information on how a FELA lawyer can help you with your case FELA Vs State Workers Compensation Rules If youre a railroad employee who was injured on the job you should consult an FELA lawyer FELA which is a federal law that safeguards railroad workers differs from state laws on workers compensation Injured workers must prove that their employer was negligent The main difference between a FELA claim and a workers compensation case is the fact that the FELA claim is based on the tort law whereas workers comp is a nofault system In 1908 the FELA was enacted to allow railroad workers to sue their employers for negligence and have these cases considered by a juror and decided by a law court It was a direct response to the countless railroad workers who were injured or killed while working One of the major differences between FELA and workers compensation is the types of compensation that railroad workers can receive With workers compensation the financial awards are restricted to a maximum of 23 of the workers preinjury income In FELA lawsuits the amount that the plaintiff is entitled to for their injuries is limitless This is not just medical expenses however damages for pain and suffering and diminished quality of life In some cases punitive damages can be awarded FELA differs from workers compensation in that the person who is injured must demonstrate that the railroad was negligent or careless whereas workers comp claims are based on the fact that the person 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 employee who has suffered injuries while on the job it is critical to seek the advice of an experienced FELA lawyer A seasoned attorney can assist you in determining the best way to seek monetary damages