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Federal Employers Liability and Workers Compensation Workers in highrisk areas must adhere to strict safety guidelines Workers who are injured or killed in these fields can file for workers compensation However railroad employees are exempt from state workers comp programs Instead they could be able to sue their employers under federal laws such as the Federal Employers Liability Act FELA code 45 USC 5160 Workers Compensation vs FELA FELA is a separate legal system from workers compensation They operate in a very different way FELA and workers compensation both of which provide financial assistance to injured employees but only applies to those in the railroad industry Workers are compensated to cover a wide variety of federal private and public occupations Contrary to FELA Workers compensation requires that employers be found to be at fault in some way for an employees injury or illness Founded in 1908 FELA was created to combat the growing number of railroad workers who were maimed or crushed or 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 including medical bills and other related expenses FELA not only helps injured workers but also makes railroads more responsible for the safety of both their employees and those who use or use their facilities The law was enacted by Congress to pressure railroads to increase safety standards and encourage them to do so This has led to a safer work environment and workplace for all involved It is important that injured workers and their families have a knowledgeable attorney on their side when filing a FELA lawsuit These attorneys can help gather the evidence required to build an effective case in the courtroom They may also negotiate with insurance companies on behalf of the victim should it be necessary The biggest difference between FELA and workers compensation is that FELA specifically exempts railroad workers from the states laws on workers compensation and therefore they cannot be sued under workers comp In fact if a railroad worker is involved in a workers compensation claim it could interfere with their FELA case and can prevent them from seeking the full amount of damages to which they are entitled The other major difference is that with a workers compensation claim the burden of proving negligence is fairly low In a FELA claim on the other hand the plaintiff must demonstrate that their injuries were caused in total or in part through the negligence of a railroad carrier or its servants agents or employees FELA Vs State Law Railroad workers are one of the most dangerous people in America State workers compensation laws do not protect them however a 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 alarming accident and injury statistics among railroad workers The law provides railroad employees the right 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 also provides injured workers the option to make a claim before both state and federal court if railroads cannot be found to be negligent To be able to file a FELA lawsuit the railroad employee must have been working for a common carrier at the time of the injury and be engaged in interstate commerce Railroads are common carriers if their operations are spread across two or more states and they manage or own the railroad tracks that other interstate railroads also use This includes freight and passengers railroads as well as utilities operating in both public and privately owned areas The FELA claim must be founded on 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 complicated and the plaintiff has to prove that the injury is directly related to the railroads failure This could be in the form of maintenance training and other aspects of the companys business practices Unlike workers compensation laws and the FELA statute permits the compensation for damages that are several times higher than those provided by State Workers Compensation Statutes It requires that an injured worker prove that his or employer was negligent in causing the injury FELA against State Workers Compensation Statutes Workers compensation benefits are provided to many injured workers in the United States Most employers have workers compensation insurance which covers injuries suffered by employees in the course of their work Workers compensation is a nofault system However the railroad industry has a different system for workers which is referred to as the Federal Employers Liability Act The FELA law was established in 1908 and predates state workers comp laws It prohibits workers comp rules from being applied to railroad employees In contrast to workers compensation FELA cases require a plaintiff to demonstrate that their employer was negligent and that this negligence caused the death or injury of the worker The law also stipulates that the death or injury must have occurred in the course of working This means that railroad workers can sue for a greater amount of damages than other victims of workplace injuries are entitled to through their employers insurance which is known as workers compensation The FELA law permits recovery of damages including medical expenses lost earnings and funeral costs The law also permits the personal representative of the deceased employee to sue for damages including loss of companionship and support The law also allows for the statute of limitations to be three years to make a FELA claim FELA claims can be handled differently While the workers compensation claim process could take months to complete it is much quicker for initial benefits Claimants are able to initiate their FELA claims by submitting an informal hearing with the workers compensation office within their area If they arent happy with the results of their claim they can proceed to the contested hearing procedure If theyre not satisfied with their hearing contested they may file a federal lawsuit Unlike other types personal injury lawsuits that are usually handled in state court FELA claims must be filed in federal courts For this reason it is essential that a FELA lawyer with a solid understanding of federal law be selected to take on the case Additionally as FELA is a subspecialty in personal injury law the FELA lawyer should have indepth understanding of state tort law and common law negligence principles For more information on how a FELA lawyer can assist you in your case please contact our firm today FELA vs State Workers Compensation Rules If youre a railroad employee who has suffered injuries while working you must consult an FELA lawyer FELA is an act of the federal government that was created to protect railroad workers which differs from workers compensation laws which cover state employees in other industries Injured workers must prove that their employer was negligent fela case settlements between the FELA case and a workers compensation case is that FELA is based on tort law while workers compensation is a no fault system In 1908 the FELA was enacted to allow railroad workers to sue their employer for negligence and have the cases heard by a juror and ruled on by a law court The law was created as a response to the massive number of railroad workers who were injured crushed or killed while doing their jobs The kinds of damages railroad employees can receive is one of the primary differences between FELA vs workers compensation Workers compensation awards are restricted to 23 of the workers income before the injury In FELA lawsuits the amount the plaintiff is entitled to for their injuries is unlimited This does not only include the cost of medical bills but also damages such as suffering and pain or a lower quality of living In some instances punitive damages can 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 without their fault It is important for injured railroad workers to have a thorough understanding of both FELA and workers compensation to pursue full and fair recovery If you are a railroad employee who has suffered injuries while on the job It is crucial to seek the advice of an experienced FELA lawyer An experienced attorney can determine the best way to pursue claims for damages