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Federal Employers' Liability and Workers' Compensation Those who work in industries that are high risk must adhere to strict safety standards. Employees who are injured in these fields or die may be eligible for workers compensation. Railroad employees aren't covered under state workers' compensation programs. They may instead be able to sue their employer under federal laws, such as the Federal Employers' Liability Act, code 45 U.S.C. 51-60. FELA vs. Workers' Compensation FELA is a separate legal system from workers compensation. They operate in a distinct method. While both provide financial assistance to injured workers, FELA is specific to railroad jobs and only applies to those working in the railroad industry. Workers' compensation is designed to cover a broad range of federal, private, and public occupations. Workers compensation is different from FELA requires that the employer be found responsible for an employee's illness or injury. 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 and seek compensation for their losses, including medical bills as well as other expenses. FELA not only helps injured workers but it also makes railroad companies more responsible for the safety of both their employees and the people who use or visit their services. Congress passed the law in order to pressure railroads and encourage companies to improve their safety standards. This will ultimately result in an environment and workplace that is safer for everyone involved. When it comes time to file the FELA claim it is crucial for injured workers or their family members to have a skilled lawyer on their side. They can assist in assembling the evidence needed to make an argument in the courtroom. They can also advocate on behalf of victims with insurance companies, if required. The most significant difference between FELA and workers' compensation is that FELA specifically exempts railroad workers from state workers' compensation laws and therefore, they cannot be legally liable under workers' compensation. In fact the event that a railroad worker decides to pursue a workers' compensation claim this could affect their FELA case and could stop them from pursuing the full amount of damages to which they are entitled. Another 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 show that their injuries were caused, in total or in part, by the negligence of a railroad carrier or its agents, servants, or employees. FELA Vs. State Law Railroad workers are among the most dangerous in America. They are not covered under state workers' compensation laws however, they do have a federal law that shields them from railroads' negligence and sets high standard of liability for the companies. In 1908, Congress created the Federal Employers' Liability Act (FELA) in response to the staggering accidents and injuries statistics that were being reported by railroad workers. This law provides railroad employees with a way to recover from their injuries, including damages for pain and suffering and lost wages. The law also prevents railroads from trying to deny injured workers their right to compensation. Additionally, FELA gives an injured worker the option to file his or her claim in federal and state court in the event that the railroad has not been found 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 common carriers when 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 passengers and freight railroads as well as utilities operating in both private and public owned areas. The FELA claim must be founded by evidence of an injury that was caused by the railroad's negligence or, in other words it has not fulfilled its obligations to provide a safe work environment for its employees. These claims are often complicated, and the plaintiff must demonstrate that the injury was caused by the railroad's failure to fulfill its obligation. This could be in the form of maintenance, training, and other aspects of a company's business practices. Unlike workers' compensation laws, the FELA statute permits the compensation for damages that are a lot higher than those provided by State Worker's Compensation Statutes. However, it requires that the injured worker be able to demonstrate that his or her employer was legally negligent in causing the injury and that negligence caused the worker's accident or death. FELA Vs. State Workers' Compensation Statutes Many workers in the United States who are injured on the job have access to workers compensation benefits. The majority of employers have workers' compensation insurance that covers any injuries sustained by employees in the course of their work. Workers' compensation is an insurance system that is not based on fault. However the railroad industry operates a different system for workers, which is referred to as the Federal Employers Liability Act. fela lawsuits , established in 1908 was prior to state workers' comp laws and prohibits workers' compensation rules from affecting railroad industry workers. In contrast to workers' compensation, FELA cases require a plaintiff to demonstrate that their employer was negligent and that this negligence led to the injury or death of the worker. The law also requires that the injury or death must have occurred within the context of work. This means that railroad employees can sue for a greater amount of damages than other workplace injury victims are entitled to through their employers workers' compensation insurance. The FELA law allows for the recovery of damages, including lost earnings, medical expenses and funeral costs. The law also allows the personal representative of an employee who has passed away to file a lawsuit for damages, such as loss of companionship or support. The law also provides for a time limit of three years to make a FELA claim. While the process of workers' compensation can take a long time from filing to receiving the initial benefits, FELA claims are handled much differently. Claimants can start their FELA claim by submitting a request for an informal hearing with the workers' compensation office in their area. If they are not satisfied with the results of their claim, they may escalate to the contested hearing process. However, if they are not satisfied with the outcome of their hearing contested, they could file a lawsuit with a federal court. Contrary to other types of personal injury litigation, which are usually handled by state courts, FELA claims must be filed in federal courts. It is therefore important to select an FELA attorney who is familiar with federal law. Additionally, as FELA is a sub-specialty within personal injury law, the FELA lawyer must have a thorough knowledge of state tort law as well as common law negligence rules. For more information about 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 has been injured on the job, you should consult an expert FELA lawyer. FELA is a federal law designed to protect railroad workers, which differs from the workers' compensation laws which cover state employees in other industries. Workers who suffer injuries must prove that their employer was negligent. The main difference between the FELA case and a workers' compensation claim is that FELA is based on tort law, while workers' compensation is a no-fault system. In 1908 the FELA was passed to permit railroad workers to sue their employers for negligence and have these cases be heard by a juror, and ruled on by an 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 performing their duties. The kind of damages railroad employees may be awarded is among the major differences between FELA as opposed to workers' compensation. With workers' compensation the financial compensation is restricted to a maximum of 2/3 of the worker's pre-injury income. In FELA cases, the amount of money that a plaintiff can receive for their injuries is unlimited. This does not only include the cost of medical bills, but also damages like suffering and pain or a diminished quality of life. In some cases punitive damages can be awarded too. FELA is distinct from workers' compensation in that it requires the victim to prove that their illness or injury was caused by the railroad's negligence or carelessness while claims for workers' compensation are usually based on the victim being injured due to no fault of his or her own. It is essential for railroad workers who are injured to have a thorough understanding of both FELA and workers' compensation so as to pursue full and fair recovery. If you are a railroad worker who has been injured on the job it is essential to seek out the advice of an experienced FELA lawyer. An experienced lawyer can help you determine the best way to seek monetary damages.