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Federal Employers' Liability and Workers' Compensation Workers who work in areas with high risks must adhere to strict safety standards. Employees who are injured in these fields or die can claim workers' compensation. Railroad employees are not covered by the state workers compensation programs. Instead, they could be able to sue their employers under federal laws like the Federal Employers' Liability Act (FELA) code 45 U.S.C. 51-60. FELA vs. Workers' Compensation FELA and workers' compensation are two different legal systems with a number of differences in the manner that they operate. FELA and workers' compensation, both of which provide financial benefits to injured employees however, it is only applicable to those working in the railroad industry. Workers' compensation however, is designed for various private, public, and federal occupations. Workers compensation, unlike FELA requires that the employer be found to be responsible for an employee's injury or sickness. Founded in 1908, FELA was created to address the alarming number of railroad workers who were maimed or crushed seriously injured in the course of their work. It is a system which allows railroad workers who have been injured to file lawsuits and seek compensation, which includes medical expenses as well as other costs. In addition to aiding injured workers, FELA also forces railroad carriers to assume more responsibility for the security of their employees as well as those who use their services. Congress passed the law to place pressure on railroads and encourage businesses to improve their safety standards, which has ultimately made for an environment and workplace that is safer for everyone involved. It is crucial that injured workers and their families have a seasoned attorney on their side when it comes to filing a FELA lawsuit. They can assist in gathering the right evidence to present an impressive case in court. They can also advocate on behalf of victims with insurance companies, if needed. The biggest difference between FELA and workers compensation is that FELA specifically exempts railroad workers from state workers' compensation laws and therefore, they cannot be sued under workers' comp. In fact the event that a railroad worker is involved in a workers' compensation claim it could impede their FELA case and could prevent them from seeking the full amount of damages to which they are entitled. Another important distinction is the fact that in a workers' comp claim, it is not necessary to prove negligence. In fela lawyers however the plaintiff must demonstrate that the railroad carrier or its agents, servants or employees were negligent in causing the injury. FELA vs. State Law Railroad workers are one of the most dangerous people in America. They are not covered by the state laws on workers' compensation but they do have a federal law that protects them from the railroads negligence and sets high standards of liability for companies. In response to the alarming number of accidents and injuries statistics of railroad workers, Congress passed the Federal Employers' Liability Act in 1908. The law provides railroad employees with the opportunity to claim compensation for their injuries, which includes damages for pain and suffering, as well as lost wages. The law also prohibits railroads from attempting to deny injured workers their right to claim compensation. Additionally, FELA gives an injured worker the option of pursuing his or her claim in both federal and state courts in the event that the railroad has not been found to be negligent. To be able 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 span two or more states and they also own or manage the railroad tracks that other interstate railroads utilize. This includes passenger and freight railroads and utilities that operate in both private and public areas. The FELA claim must be founded on the basis of evidence of an injury caused by the railroad's negligence, or in other words, its breach of its duties to provide a safe working environment for its employees. These claims can be complicated, and the plaintiff must prove that the injury was directly caused by the railroad's inability to perform its obligation. This could include a wide variety of issues, such as maintenance, training, and other aspects of the business practices. Contrary to workers' compensation laws, the FELA statute allows for an award of compensatory damages that are many times greater than those offered by State Worker's Compensation Statutes. However, it does require that the injured worker be able to show that his or her employer was legally negligent in causing the injury, and that the negligence was the cause of his or her injury or death. FELA vs. State Workers' Compensation Statutes Many workers in the United States who are injured at work are entitled to workers compensation benefits. This is because the majority of companies employing employees have workers' compensation insurance to protect any injuries that an employee suffers while performing their job duties. Workers are compensated under a no-fault system. The railroad industry has an alternative system, referred to as the Federal Employers Liability Act, for its employees. The FELA law, which was enacted in 1908, predates the state laws on workers' compensation and prohibits workers' compensation rules from being applicable to railroad industry workers. In contrast to workers' compensation, FELA cases require a plaintiff to show that their employer was negligent and that the negligence resulted in the death or injury of the worker. The law also stipulates that the death or injury must have occurred during the course of work. This means that railroad employees can sue for a larger amount of damages than other workplace injury victims are entitled to through their employers' workers' compensation insurance. The FELA law permits compensation for damages such as medical expenses, lost earnings and funeral costs. It also permits the personal representative of a deceased employee to sue for damages including loss of companionship and support. The law also provides a three-year statute of limitations to file a FELA complaint. While the process for workers' compensation can take several months from filing to receiving initial benefits, FELA claims are handled much differently. Claimants can begin their FELA claims by submitting an informal hearing with the workers compensation office within their region. If they're not satisfied with the outcome of their claim, they may want to escalate the process to an appeals hearing. However, if they're not satisfied with the outcome of their contested hearing they could file a lawsuit with a federal court. In contrast to other types of personal injury litigation, which are typically handled in state courts, FELA claims are filed in federal court. Therefore, it is crucial to choose a FELA lawyer who is familiar with federal law. FELA is a sub-specialty of personal injury law, an FELA lawyer must also possess special knowledge of state tort laws and common law negligence rules. For more details on how a FELA attorney can help with your case we invite you to contact us today. FELA Vs. State Workers' Compensation Rules If you're a railroad worker who was injured on the job you should work with a FELA lawyer. FELA, a federal law that protects railroad workers, differs from state workers' compensation laws. Anyone who is injured as a result of their work must be able to prove that their employer was at most partially negligent. The main difference 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. The FELA law was enacted in 1908 to give railroad workers the ability to sue their employers for negligence in personal injury lawsuits and have the cases heard by a jury, and determined by a court of law. The law was created as a response to the massive number of railroad workers who had been injured, crushed or killed while doing their jobs. One of the biggest distinctions between FELA and workers compensation is the kinds of damages that railroad workers can receive. With workers' compensation, the financial awards are limited to 2/3 of the worker's pre-injury earnings. In FELA cases, the amount of money that a plaintiff is able to recover for their injuries is indefinite. This includes not only the cost of medical expenses as well as damages for pain and suffering as well as diminished quality of life. In certain cases punitive damages can be awarded as well. FELA differs from workers' comp in that it requires the victim to prove that their injury or illness was caused by the railroad's negligence or carelessness, unlike claims for workers' comp, which typically stem from a person being injured through no fault of his or their own. Injured railroad workers should understand both FELA and workers' compensation to ensure a fair and full recovery. If you have been injured while working as railway workers it is crucial to consult with an experienced FELA attorney. An experienced lawyer can assist you in determining the best method to pursue a claim for monetary damages.