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Federal Employers Liability and Workers Compensation Those who work in highrisk sectors must adhere to strict safety guidelines Workers who suffer injuries in these industries or die in the process can claim workers compensation Railroad employees arent covered under state workers compensation programs They may instead be able sue their employer under federal laws such as the Federal Employers Liability Act Code 45 USC 5160 Workers Compensation vs FELA FELA is a different legal system that is distinct from workers compensation They operate in a different method FELA and workers compensation both of which provide financial assistance to injured employees is only applicable to railroad industry Workers are compensated to cover a variety of federal private and public positions Contrary to FELA workers comp requires that an employer be found to be at fault in the event of an injury or illness FELA founded in 1908 was conceived to address the alarming number of railroad workers who were injured crushed or otherly seriously injured on the job It is a system that permits injured railroad workers to file lawsuits against their employers to seek compensation for their losses which includes medical bills and other related expenses FELA does more than help injured workers but it also makes railroad companies more responsible for the safety of their employees as well as those who use or visit their services The law was enacted by Congress to put pressure on railroads to improve safety standards and to encourage them to do so This has resulted in a safer work environment and a safer workplace for everyone involved It is important that injured workers and their families have an experienced attorney by their side when filing a FELA lawsuit These attorneys can help gather the right evidence to present an argument that is convincing in the courtroom They can also help victims negotiate with insurance companies should they need to The main difference between FELA workers compensation is the fact that FELA specifically excludes railroad employees from the states laws regarding workers compensation This means that they cant be sued under workers compensation In fact when a railroad employee decides to pursue a workers compensation claim this could affect their FELA case and could prevent them from seeking the full amount of damages to which they are entitled Another significant distinction is the fact that in a workers comp claim it is not necessary to prove negligence In a FELA claim on the other hand the plaintiff must prove that their injuries were caused in full or in part by the negligence of a railroad company or its servants agents or employees FELA vs State Law Railroad workers are among the most dangerous in America Workers compensation laws in the state do not protect them however federal law protects them against railroad negligence It also sets high liability standards In 1908 Congress created the Federal Employers Liability Act FELA in response to the shocking number of injuries and accidents among railroad workers The law provides railroad employees with a way to recover for their injuries which includes damages for pain and suffering and lost wages The law also prevents railroads from trying to refuse injured workers the right to claim compensation Additionally FELA gives an injured worker the right to file his or her claim in federal and state court in the event that the railroad hasnt been found to be negligent To be eligible for a FELA lawsuit the railroad worker must have been working for a common carrier at the time of the injury and be engaged in interstate commerce 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 passengers railroads as well as utilities operating in both privately and public owned areas The FELA claim is based on the proof that an injury was caused by railroad negligence or more precisely a breach of its obligation to provide a secure work environment for its employees These claims are often complicated and the plaintiff must prove that the injury was directly resulted from the railroads failure to fulfill its obligation This could include maintenance training or other aspects of the business practices of a company Contrary to the state laws on workers compensation however the FELA allows for compensation damages to be granted that are many times more than the amount offered by state workers compensation laws However it still requires that the injured person prove that their employer was legally negligent in causing the injury and that the negligence was the cause of his or her injury or death FELA against State Workers Compensation Statutes Workers compensation benefits are provided to many injured workers in the United States This is due to the fact that most companies employing employees have workers compensation insurance to protect any injuries that the worker suffers in the course of their work Workers compensation is a no fault system The railroad industry has a different system known as the Federal Employers Liability Act for its employees The FELA law established in 1908 is prior to the state laws on workers compensation and prohibits workers compensation rules from affecting railroad industry workers In contrast to workers compensation FELA cases require a plaintiff to show that their employer was negligent and that their negligence caused the injury or death of the worker The law also includes an obligation that the death or injury occurred as a result of work This means that railroad workers can sue for a greater amount of damages than other victims of workplace injuries can receive through their employers insurance which is known as workers compensation The FELA allows damages to be recovered which include funeral costs medical expenses and lost earnings The law also allows the personal representative of the deceased employee to file a lawsuit for damages which includes loss of companionship or support The law also provides a threeyear deadline for filing an FELA complaint FELA claims are handled differently While the workers compensation claim process can take months to complete it is much faster for the initial benefits Claimants can begin their FELA claim by filing a request for an informal hearing with the workers compensation office in their region If theyre not satisfied with the outcome of their case they may want to escalate the process to an appeals hearing However if theyre not satisfied with the outcome of their hearing contested they can file a lawsuit in federal court In contrast to other types of personal injury litigation which are usually handled in state courts FELA claims must be filed in federal courts It is therefore important to choose a FELA lawyer who is acquainted with federal law Additionally as FELA is a subspecialty in personal injury law and law the FELA lawyer must have an indepth knowledge of state tort law as well as common law negligence rules Contact us to learn more about how a FELA lawyer can assist you with your case FELA in contrast to State Workers Compensation Rules If youre a railroad worker who has been injured on the job then you must consult with an expert FELA lawyer FELA an act of the federal government that protects railroad workers is different from state laws on workers compensation Those who are injured in the course of their work must be able to show that their employer was at a minimum partially negligent The biggest difference between the FELA case and workers compensation is that a FELA is based on tort law while workers compensation is a no fault system The FELA law was created in 1908 to allow railroad workers the ability to sue their employers for negligence in personal injury lawsuits and have those cases heard by a jury and decided by an administrative court The law was developed in response to the large number of railroad workers who had been injured crushed or killed while doing their jobs One of the biggest differences between FELA and workers compensation is the kinds of compensation that railroad workers can be awarded Workers compensation awards are restricted to 23 of the workers earnings prior to the injury In fela lawyers the amount that the plaintiff is entitled to for their injuries is unlimitable This is not just medical expenses however damages for pain and suffering as well as diminished quality of life In some instances punitive damages may 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 inattention whereas workers comp claims are typically based on an individual being injured through no fault of his or his own It is essential that railroad workers injured be aware of both FELA and workers compensation to seek a fair and complete recovery If youve suffered an injury while working as a railroad worker it is crucial to speak with an experienced FELA attorney A seasoned attorney can help you determine the best method to make a claim for financial damages