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Federal Employers' Liability and Workers' Compensation People who work in high-risk areas must adhere to strict safety guidelines. Employees who are injured in these industries or die may be eligible for workers' compensation. Railroad employees aren't covered by state workers' compensation programs. Instead, they may be able to sue employers under federal laws, such as the Federal Employers' Liability Act (FELA) Code 45 U.S.C. 51-60. FELA Vs. Workers' Compensation FELA is a separate legal system than workers compensation. They operate in a different method. While both offer financial benefits to injured workers, FELA is specific to railroad jobs and only applies to those working in the railroad industry. Workers' compensation, on the other hand is designed for many different private, public, and federal jobs. Workers compensation unlike FELA requires that the employer be found to be at fault for an employee's injury or illness. Established in 1908, FELA was created to address the alarming number of railroad workers who were injured, crushed, or otherwise seriously injured while on the job. It is a system that allows injured railroad workers to file lawsuits against their employers to seek compensation for their losses, including medical bills as well as other expenses. In addition to helping injured workers, FELA also forces railroad carriers to take on more responsibility for the safety of their employees and the people who make use of their services. The law was enacted by Congress to force railroads to improve safety standards and encourage them to do so. This has resulted in a safer work environment and workplace for all involved. It is important that injured workers and their families have a seasoned attorney on their side when filing a FELA lawsuit. They can assist in gathering the evidence required to build an effective case in the courtroom. They can also negotiate with insurance companies on behalf of the victim, if necessary. The biggest difference between FELA and workers compensation is that FELA specifically exempts railroad workers from the state's laws on workers' compensation and therefore, they cannot be sued under workers' comp. In fact, if a railroad worker decides to pursue a workers' compensation claim this could affect their FELA case and can prevent them from seeking the full amount of damages to which they are entitled. The other significant difference is that with a workers' compensation claim, the burden of the proof of negligence is relatively low. In a FELA case however the plaintiff must demonstrate that the railroad carrier, its agents, servants or employees were negligent in causing the injury. FELA in vs. State Law Railroad workers have one of the most dangerous jobs in America. State laws on workers' compensation do not cover them but a federal law protects them from the railroads' negligence. It also sets high liability standards. In 1908, Congress created the Federal Employers' Liability Act (FELA) in response to the alarming number of injuries and accidents among railroad workers. The law provides railroad employees the right to claim damages for their injuries. This includes compensation for pain and discomfort and lost wages. The law also prohibits railroads from trying to refuse injured workers the right to compensation. FELA also gives injured workers the option to file their claim in both federal and state courts if railroads aren't found to be negligent. To be eligible for a FELA lawsuit the railroad worker was employed by 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 manage or own the railroad tracks that other interstate railroads use. This includes passenger and freight railroads and utilities that operate in both private and public areas. The FELA claim must be based on evidence of an injury resulting from the railroad's negligence or, in other words it has not fulfilled its obligation to provide a safe working environment for its employees. These claims are usually complex and the plaintiff must establish that the injury was directly caused by the railroad's failure to perform its obligation. This could include a wide range of issues, including maintenance, training and other aspects of the company's business practices. In contrast to the laws governing workers' compensation, the FELA statute permits the award of compensatory damages that are many times more than the amount provided by State Workers' Compensation Statutes. However, it does require 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 available to injured workers throughout the United States. This is due to the fact that most companies that hire employees have workers' comp insurance to cover any injuries an employee suffers while performing their job duties. Workers' compensation is a no-fault system. However the railroad industry has an alternative system for its workers that is known as the Federal Employers Liability Act. fela railroad accident lawyer was established in 1908 and predates state worker's comp laws. It prohibits workers' comp rules from being applied to railroad employees. Contrary to workers' compensation cases, FELA requires a plaintiff to prove that the employer was negligent and this negligence caused the injury or death to the worker. The law also has a requirement that the injury or death occurred as a result of working. This means that railroad employees are able to sue their employers for a larger amount of damages than other victim of workplace injuries could receive from their workers insurance. The FELA law permits recovery of damages, including lost earnings, medical expenses and funeral expenses. It also permits the personal representative of an employee who has died to pursue damages for loss of companionship and support. The law also provides a three-year deadline to file an FELA complaint. While the process of workers' compensation can take several months from the time of filing until receiving the initial benefits, FELA claims are handled much differently. Claimants are able to initiate their FELA claims by filing a petition for an informal hearing with the workers compensation office in their area. If they aren't satisfied with the results of their claim, they may proceed to the contested hearing process. However, if they're not satisfied with the outcome of their hearing contested, they could file a lawsuit with a federal court. In contrast to other types of personal injury lawsuits, which are typically handled in state courts, FELA claims are filed in federal court. For this reason, it is essential that you choose a FELA lawyer with a solid understanding of federal law be selected to handle the case. FELA is a sub-specialty of personal injury law, an FELA lawyer must also have special knowledge of state tort laws and common law negligence principles. 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 you're a railway worker who has suffered injuries on the job you should consult a FELA lawyer. FELA is a federal law designed to protect railroad workers, which differs from the laws governing workers' compensation that protect state employees in other industries. Workers who suffer injuries must prove that their employer was negligent. The main distinction between a FELA claim and a workers' comp case is that the FELA claim is built on tort law, while workers' comp is a no-fault system. The FELA law was created in 1908 to provide railroad workers the ability to sue their employers for negligence in personal injury lawsuits and have those cases heard by a jury, and determined by an administrative court. It was a direct reaction to the huge number of railroad workers who were injured or killed while performing their jobs. One of the major distinctions between FELA and workers' compensation is the types of damages that railroad workers are able to receive. With workers' compensation, the financial awards are limited to a maximum of 2/3 of the worker's pre-injury earnings. In FELA lawsuits, the amount that a plaintiff can be awarded for their injuries is unlimitable. This includes not just the expense of medical bills but also damages, such as pain and suffering or diminished quality of living. In certain cases punitive damages may be awarded. FELA differs from workers' compensation in that the injured must prove that the railroad was negligent or careless and workers' compensation claims are based on the fact that the individual was injured without their fault. It is essential that railroad workers injured be aware of both FELA and workers' compensation so as to pursue full and fair recovery. If you've suffered an injury in the course of your work as railway workers it is essential to speak with an experienced FELA attorney. An experienced lawyer can advise you on the best course of action to pursue claims for damages.