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Federal Employers Liability and Workers Compensation Workers who work in areas with high risks must adhere to strict safety guidelines Workers who are injured in these fields or die in the process can claim workers compensation Railroad employees are not covered by the 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 different legal systems with a number of differences in the ways they operate FELA while both provide financial benefits to injured employees however it is only applicable to those working in the railroad industry Workers are compensated to cover a broad range of private federal and public positions Contrary to FELA Workers compensation requires that employers be deemed at fault in the event of an injury or illness In 1908 FELA was created to deal with the alarming amount of railroad workers who were maimed crushed or otherwise seriously harmed in the course of their work It is a system which allows railroad workers who have been injured to make lawsuits and seek compensation including medical expenses and other expenses FELA not only helps injured workers but also makes railroad carriers more responsible for the safety of both their employees and the people who use or visit their facilities Congress passed the law in order to pressure railroads and encourage companies to improve their safety standards which has ultimately made for an environment that is safer for all those 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 right evidence to present an impressive case in the courtroom They can also negotiate on behalf of victims with insurance companies if needed The biggest difference between FELA and workers compensation is the fact that FELA specifically excludes railroad workers from the states workers compensation laws This means that they arent able to be sued under workers compensation In fact if a railroad worker is involved in a workers compensation claim this could affect their FELA case and could hinder them from pursuing the full amount of damages to which they are entitled Another major distinction is that in workers compensation claims the burden of proving negligence is fairly low In a FELA case however the plaintiff has to prove 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 State workers compensation laws do not protect them but a federal law protects them from railroad negligence It also sets high liability standards In response to the alarming increase in accident 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 compensation for pain and suffering as well as 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 courts if 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 be engaged in interstate commerce at the time of the injury Railroads are considered to be common carriers when they operate between two or more different states and have their own or maintain railroad tracks that are used by other interstate railroads This includes passenger and freight railroads and utilities that operate in both private and public areas The FELA claim must be founded by evidence of an injury that was caused by the railroads negligence or in other words it has not fulfilled its obligation to provide a safe work environment for its employees These claims can be a bit tangled and the plaintiff must prove that the injury is directly related to the railroads negligence This could be a variety of issues such as maintenance training and other aspects of the business practices of the company Contrary to the state laws on workers compensation however the FELA allows compensatory damages to be awarded that are several times greater than those provided under state workers compensation laws However it requires an injured worker to prove that the employer was negligent in causing the injury FELA Vs State Workers Compensation Statutes Workers Compensation benefits are offered to injured workers throughout the United States This is because the majority of companies employing employees have workers comp insurance to protect any injuries that a worker sustains while performing their job duties Workers are compensated under a nofault system The railroad industry has another system known 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 industry employees Contrary to workers compensation cases FELA requires a plaintiff to prove that the employer was negligent and this negligence caused injury or death to the worker The law also stipulates that the death or injury must have occurred during the course of work This means that railroad workers are able to sue their employers for a greater amount of damages than any other victim of workplace injuries could receive from their workers compensation insurance The FELA law allows for the compensation for damages such as lost earnings medical expenses and funeral costs The law also permits the personal representative of an employee who has passed away to file a lawsuit for damages including loss of companionship or support The law also permits a time limit of three years to make an 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 begin their FELA claim by filing a request for an informal hearing with the workers compensation office of their area If they arent satisfied with the results of their claim they may escalate to the contested hearing procedure If they are not satisfied with their contested hearing they may bring a federal lawsuit In contrast to other types of personal injury lawsuits which are usually handled by state courts FELA claims are filed in federal court It is therefore crucial to select a FELA lawyer who is acquainted with federal law Moreover since FELA is a subspecialty of personal injury law that means the FELA lawyer must have a thorough knowledge of state tort law as well as common law negligence principles For more details on how a FELA lawyer can assist you in your case Contact our firm today FELA Vs State Workers Compensation Rules If youre a railroad worker who has been injured on the job you should work with a FELA lawyer FELA is a federal law designed to protect railroad workers which differs from workers compensation laws which cover state employees in other industries If a worker is injured during their job must be able to prove that their employer was at a minimum partially negligent fela accident attorney between the FELA claim and a workers comp case is that a FELA claim is built on the tort law whereas workers comp is a nofault system The FELA law was enacted in 1908 to allow railroad workers the ability to sue their employers for negligence in personal injury lawsuits and have those cases considered by a jury and determined by a court of law It was a direct reaction to the countless railroad workers who were maimed crushed or killed while doing their job The kinds of damages railroad employees may be awarded is among the major differences between FELA and workers compensation In workers compensation the financial payouts are restricted to a maximum of 23 of the workers preinjury earnings In FELA cases the amount of money that a plaintiff is able to recover for their injuries is unlimited This is not just the cost of medical expenses but also damages for pain and suffering and diminished quality of life In some cases punitive damage may be awarded FELA differs from workers compensation in that the person who is injured must prove that the railroad was negligent or reckless whereas workers comp claims are based on the fact that the individual was injured without their fault Injured railroad workers should understand both FELA and workers compensation to ensure a fair and complete recovery If youve been injured at work as an employee of a railroad it is crucial to speak with a seasoned FELA attorney An experienced attorney can assist you in determining the best way to seek monetary damages