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Federal Employers' Liability and Workers' Compensation Those who work in high-risk industries must follow strict safety guidelines. Employees who are injured in these sectors or die may be eligible for workers compensation. Railroad employees are not covered by state workers' compensation programs. Instead, they could be able to sue their employers under federal laws, such as the Federal Employers' Liability Act (FELA), code 45 U.S.C. 51-60. Workers' Compensation vs. FELA FELA and workers compensation are two distinct legal systems that have a lot of differences in the ways they operate. FELA is a legal system that provides financial assistance to injured employees but only applies to railroad industry. Workers' compensation, on the other hand, is designed for many different private and public jobs. In contrast to FELA, workers' comp requires that employers be found to be at fault in the event of an injury or illness. FELA founded in 1908, was conceived to deal with the alarming number railroad workers who were injured, crushed or otherwise seriously harmed while on the job. It is a system that permits injured railroad workers to file lawsuits against their employers to seek compensation for their losses, including medical bills and other related expenses. FELA does more than help injured workers but also makes railroad carriers more accountable for the safety of both their employees and those who use or use their services. Congress passed the law to place pressure on railroads and to encourage companies to improve their safety standards, which has resulted in a safer workplace and environment for everyone involved. When it comes time to file the FELA claim it is crucial for injured workers or their loved ones to have an experienced lawyer on their side. These lawyers can help gather the evidence needed to make an argument in court. They can also negotiate with insurance companies on behalf of the victim in the event of need. The most significant difference between FELA & workers compensation is that FELA specifically excludes railroad employees from the state's laws regarding worker's compensation. This means that they aren't able to be sued under the workers' compensation. In fact the event that a railroad worker pursues a workers' comp claim this could affect their FELA case, and stop them from pursuing the full amount of damages to which they are entitled. Another important distinction is that in a workers' compensation claim, it's not required to establish negligence. In a FELA case however, the plaintiff has to demonstrate that the railroad carrier and its agents, servants, or employees were negligent in causing the injury. FELA vs. State Law Railroad workers are among the most dangerous in America. They are not covered by the state laws on workers' compensation but they do have an federal law that protects them from railroads' negligence and sets high standards of liability for companies. In response to the alarming number of accidents and injuries statistics for railroad workers, Congress passed the Federal Employers' Liability Act in 1908. The law provides railroad employees the right to claim damages for their injuries. This includes damages for pain and suffering as well as lost wages. It also prohibits railroads from trying to strip injured workers of their right to complete compensation. FELA also provides injured workers the option to bring their case in both state and federal courts if railroads aren't found to be negligent. To be eligible to claim a FELA claim the railroad employee must be employed by a common carrier, and be 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 also own or manage the railroad tracks that other interstate railroads utilize. This includes freight and passenger railroads, as well as utilities that operate in both private and public areas. The FELA claim must be based by evidence of an injury resulting from the railroad's 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 must demonstrate that the injury was caused by the railroad's failure to meet its duty. This could be a variety of issues, such as maintenance, training, and other aspects of the business practices of the company. Contrary to workers' compensation laws in the FELA statute, the FELA statute permits an award of compensatory damages that are many times greater than those offered by State Workers' Compensation Statutes. However, it requires that an injured worker prove that the employer was negligent in causing his injury. FELA Vs. fela case settlements are provided to many injured workers in the United States. This is due to the fact that most companies employing employees have workers' comp insurance to cover any injuries an employee suffers in the course of their work. Workers' compensation is an no-fault insurance system. However the railroad industry operates a different system for workers that is known as the Federal Employers Liability Act. The FELA law, which was passed in 1908 is prior to the state laws on workers' compensation and prohibits workers' compensation rules from affecting railroad industry workers. Contrary to workers' compensation cases, FELA requires a plaintiff demonstrate that the employer was negligent and this negligence resulted in the death or injury to the worker. The law also has a requirement that the injury or death was incurred as a result of work. This means that railroad employees are able to sue their employers for a higher amount of damages than any other injury victim in the workplace could receive from their workers' compensation insurance. The FELA law permits the compensation for damages such as medical expenses, lost earnings and funeral expenses. The law also allows the personal representative of an employee who has passed away to file a lawsuit for damages, such as loss of companionship or support. The law also allows for the statute of limitations to be three years to file a FELA claim. FELA claims can be dealt with differently. While the workers' compensation claim process can take months to complete, it is much quicker to receive initial benefits. Claimants can initiate their FELA claim by filing an application for an informal hearing at the workers' compensation office of their area. If they aren't happy with the outcome of their claim, they can escalate to a contested hearing. If they are not satisfied with their contested hearing they can file a federal lawsuit. Contrary to other types of personal injury lawsuits that are usually handled in state courts, FELA claims must be filed in federal courts. For this reason, it is critical that you choose a FELA lawyer who is familiar with federal law is chosen to take on the case. FELA is a sub-specialty of personal injury law, an FELA lawyer must also possess specialized understanding of state tort laws and common law negligence principles. For more information about how a FELA attorney can help with your case we invite you to contact us today. FELA in contrast to. State Workers' Compensation Rules If you are a railroad worker injured on the job, you must consult with an expert FELA lawyer. FELA is an act of the federal government that protects railroad workers, is different from state laws regarding workers' compensation. Workers who suffer injuries must prove that their employer was negligent. The biggest difference between the FELA case and a workers' compensation claim is that a FELA is founded on tort law, while workers' compensation is a no-fault system. In 1908, the FELA was enacted to allow railroad workers to sue their employers for negligence and have these cases heard by a juror and ruled on by an a court of law. It was a direct reaction to the huge number of railroad workers who were maimed or killed in the course of doing their job. The kind of damages railroad employees can receive is one of the primary differences between FELA as opposed to workers' compensation. Workers' compensation payouts are limited to 2/3 of a worker's income prior to injury. In FELA lawsuits the amount the plaintiff is entitled to for their injuries is unlimitable. This is not just medical expenses however, damages for pain and suffering and diminished quality of life. In certain cases punitive damages can also be awarded. FELA differs from workers' compensation in that the injured must prove that the railroad was negligent or reckless, whereas workers comp claims are based on the fact that the person was injured and not at fault. Railroad workers who are injured must be aware of both FELA and workers' compensation to ensure a fair and full recovery. If you have been injured while working as an employee of a railroad, it is important to consult with an experienced FELA attorney. A seasoned attorney can help you determine the best course of action to pursue an action for damages.