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Federal Employers' Liability and Workers' Compensation Workers in high-risk industries must follow strict safety guidelines. Workers who suffer injuries in these sectors or die in the process can claim workers' compensation. However railroad employees are not covered from state workers' compensation programs. They could instead sue their employer under federal laws such as the Federal Employers' Liability Act, code 45 U.S.C. 51-60. Workers' Compensation vs. FELA FELA and workers compensation are two distinct legal systems with a number of differences in the manner that they operate. FELA and workers' compensation, both of which provide financial assistance to injured employees however, it is only applicable to those in the railroad industry. Workers comp is designed to cover a variety of federal, private and public jobs. Workers compensation, unlike FELA requires that the employer be held the one responsible for an employee's injury or illness. Established in 1908, FELA was created to address the alarming number of railroad workers who were maimed or crushed seriously injured while in the course of their work. It is a system that allows injured railroad workers to file lawsuits against their employers and seek compensation for their losses, including medical bills and other expenses. FELA does more than help injured workers but it also makes railroad companies more accountable for the safety of their employees and those who use or use their facilities. Congress passed the law in order to place pressure on railroads and to encourage companies to improve their safety standards. This has ultimately made for an environment that is safer for all those involved. It is essential that injured workers and their families have a knowledgeable 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 the courtroom. They can also negotiate on behalf of victims with insurance companies, should they need to. The most significant difference between FELA and workers compensation is that FELA specifically exempts railroad employees from the state's laws on workers' compensation, meaning that they cannot be accused of a claim under workers' compensation. If a railroad worker files a workers' compensation claim, it could interfere with the FELA case, and prevent them from claiming all of the damages they are entitled to. Another major difference is that with a workers' compensation claim the burden of proof for the proving of negligence is quite low. In a FELA case, on the contrary the plaintiff must prove that the railroad company, its agents, servants or employees were negligent in causing the injury. FELA vs. State Law Railroad workers are among the most dangerous jobs in America. State workers' compensation laws do not cover 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 workers with the opportunity to claim compensation for their injuries, which includes damages for pain and suffering and lost wages. It also prohibits the railroad from attempting to deprive injured workers of their right to complete compensation. Additionally, FELA gives an injured worker the right to file his or her claim in state and federal court in the event that the railroad has not been found negligent. To be able to claim a FELA claim the railroad employee must have been 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 own or maintain the railroad tracks that other interstate railroads use. This includes passenger and freight railroads and utilities that operate in both public and private areas. The FELA claim must be based 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 work environment for its employees. These claims can be complex and the plaintiff has to prove that the injury is directly connected to the railroad's negligence. This can include a variety of issues, including maintenance, training, and other aspects of the company's business practices. Unlike state laws governing workers' compensation however, the FELA allows compensatory damages to be granted that are higher than those offered by state worker's compensation laws. However, fela law firm does require that the injured worker be able to prove that their employer was legally negligent in causing the injury and that the negligence was the cause of the worker's injury or death. FELA against. State Workers' Compensation Statutes Many workers in the United States who are injured at work have access to workers compensation benefits. The majority of employers have workers' compensation insurance that covers any injuries sustained by employees during their duties. Workers' compensation is a no-fault insurance system. However, the railroad industry has a different system for its workers that is known 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. Contrary to workers' compensation cases, FELA requires a plaintiff prove that the employer was negligent, and this negligence caused the death or injury to the worker. The law also has a requirement that the injury or death occurred as a result of employment. This means that railroad workers can sue their employers for a larger amount of damages than any 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. The law also allows the personal representative of an employee who has passed away to pursue damages, such as loss of companionship or support. The law also stipulates the three-year time limit to file an FELA complaint. FELA claims can be dealt with differently. While the workers' compensation claim process can take months to complete, it's much quicker to receive initial benefits. Claimants can initiate their FELA claim by filing a request for an informal hearing with the workers' compensation office of their area. If they aren't happy with the outcome of their claim, they may move to the contested hearing process. If they are not satisfied with their hearing contested they may make a federal complaint. Contrary to other kinds of personal injury litigation which are typically handled in state courts, FELA claims are filed in federal court. Because of this, it is essential that a FELA lawyer with a solid understanding of federal law is chosen to handle the case. Moreover, since FELA is a sub-specialty within personal injury law and law, the FELA lawyer must have an in-depth understanding of state tort law and common law negligence rules. For more details on how a FELA lawyer can help you with your case we invite you to contact us today. FELA vs. State Workers' Compensation Rules If you're a railroad worker who has been injured on the job, you need to work with an expert FELA lawyer. FELA is a federal law that was designed to protect railroad workers. It differs from the workers' compensation laws which cover state employees in other industries. Workers who are injured must prove that their employer was negligent. The main difference between the FELA case and a workers' compensation claim is that a FELA is founded on tort law, while workers' compensation is a no-fault system. In 1908 the FELA was passed to allow railroad employees to sue their employers for negligence and have these cases be heard by a juror, and decided by an a court of law. The law was enacted in response to the huge number of railroad workers who had been injured, crushed or killed while working. One of the main differences between FELA and workers compensation is the kinds of compensation that railroad workers are able to receive. With workers' comp, the financial awards are limited to 2/3 of the worker's income prior to injury. In FELA cases the amount that the plaintiff can recover for their injuries is unlimitable. This includes not only the cost of medical expenses, but also damages for pain and suffering and diminished quality of life. In some cases punitive damages may be awarded. FELA differs from workers' compensation in that the person who is injured must prove that the railroad was negligent or reckless while claims for workers' compensation are based on the fact that the person was injured but not their fault. It is important for injured railroad workers to have a thorough understanding of both FELA and workers' compensation so as to seek a fair and complete recovery. If you are a railroad employee who has suffered injuries while on the job it is essential to seek advice from an experienced FELA lawyer. A seasoned attorney can help you determine the best course of action to pursue a claim for damages.