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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. Workers who are injured or killed in these industries can claim workers compensation. However railroad employees are exempt from state workers' comp programs. Instead, they might 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 and workers' compensation are two different legal systems that have a lot of distinctions in the way they operate. FELA, while both provide financial benefits to injured employees, is only applicable to railroad industry. Workers' compensation, on the other hand is designed to cover a wide range of private as well as public jobs. In contrast to FELA the workers' compensation requires that employers be deemed to be responsible in the event of an injury or illness. Founded in 1908, FELA was created to deal with the alarming amount of railroad workers who were maimed, crushed, or otherwise seriously harmed in the course of their work. It is a system which allows railroad workers who have been injured to file lawsuits and seek compensation, including medical expenses and other costs. FELA not only helps injured workers, but also makes railroad carriers more accountable for the safety of both their employees and the people who use or visit their facilities. Congress passed the law in order to put pressure on railroads and encourage companies to improve their safety standards. This has resulted in an environment that is safer for everyone involved. When it comes to filing a FELA claim it is vital for injured workers or their loved ones to have an experienced lawyer on their side. They can assist in gathering the evidence required to build an effective case in the courtroom. They may 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 employees from state laws regarding workers' compensation and therefore, they cannot be legally liable under workers' compensation. In fact when a railroad employee decides to pursue a workers' compensation claim this could affect their FELA case, and stop them from pursuing the full amount of damages to which they are entitled. Another major distinction is that in a workers' compensation claim, the burden of the proof of negligence is relatively low. In a FELA case in contrast the plaintiff must prove that the railroad company and its agents, servants, or employees were negligent in causing the injury. FELA Vs. State Law Railroad workers are among the most dangerous workers in America. State laws on workers' compensation do not cover them but federal law protects them from the railroads' negligence. It also sets high standards for liability. In 1908, Congress created the Federal Employers' Liability Act (FELA) in response to the alarming accidents and injuries statistics that were being reported by railroad workers. The law provides railroad workers with a means to recover for their injuries, including damages for pain and suffering as well as lost wages. The law also prohibits railroads from attempting to deny injured workers their right to compensation. Additionally, fela lawyer gives an injured worker the option of pursuing his or her claim in both federal and state court if the railroad has not been found negligent. To be eligible to claim a FELA claim, the railroad employee must be employed by a common carrier and was engaged in interstate commerce at the time of his or her injury. Railroads are common carriers when their operations span two or more states, and they also own or manage the railroad tracks that other interstate railroads utilize. This includes freight and passenger railroads, as well as utilities that operate in both public and private areas. The FELA claim must be founded on evidence of an injury resulting from the railroad's negligence, or in other words the breach of its duties to provide a safe work environment for its employees. These claims can be a bit tangled and the plaintiff must prove that the injury is directly connected to the railroad's failure. This could be in the form of maintenance, training, or other aspects of a company's business practices. Contrary to state laws governing workers' compensation however, the FELA allows for compensatory damages to be granted that are higher than those offered under state worker's compensation laws. However, it requires that an injured worker prove that his or employer was negligent in causing his or injury. FELA Vs. State Workers' Compensation Statutes Many employees in the United States who are injured at work have access to workers indemnity 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 no-fault insurance system. However the railroad industry operates an alternative system for its workers that is known as the Federal Employers Liability Act. The FELA law was established in 1908 and predates state worker's comp laws. It prohibits workers' comp rules from being applied to railroad industry employees. Contrary to workers' compensation cases, FELA requires a plaintiff demonstrate that the employer was negligent and that this negligence resulted in the injury or death to the worker. The law also includes an obligation that the injury or death occurred as a result of work. This means that railroad workers can sue their employers for a higher amount of damages than other workplace injury victim is entitled to from their workers' compensation insurance. The FELA allows damages to be recouped for funeral costs, medical expenses and lost earnings. It also allows the personal representative of the deceased employee to pursue damages for loss of companionship and support. The law also provides a three-year deadline to file a FELA complaint. While the process for workers' compensation can take several months from the time of filing until receiving initial benefits, FELA claims are handled differently. Claimants can begin their FELA claims by submitting a petition for an informal hearing with the workers compensation office within their region. If they are not happy with the outcome of their case, they can escalate the process to an appeals hearing. If they are not satisfied with their hearing contested they can bring a federal lawsuit. Contrary to other kinds of personal injury litigation, which are usually handled by state courts, FELA claims are filed in federal court. Therefore, it is crucial to choose an FELA attorney who is familiar with federal law. FELA being a sub-specialty in personal injury law, an FELA lawyer must also have specialized understanding of state tort laws 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 an employee of a railroad who is injured on the job, you need to work with an experienced FELA lawyer. FELA, which is a federal law that safeguards railroad workers, is distinct from state workers' compensation laws. Injured workers must prove that their employer was negligent. The primary distinction between the FELA claim and a workers' comp case is that a FELA claim is built on the tort law, while workers' comp is a no-fault system. In 1908 the FELA was passed to permit railroad workers to sue their employer for negligence, and to have these cases be heard by a juror, and ruled on by a law court. The law was developed in response to the large number of railroad workers who were injured, crushed, or even killed while doing their jobs. The kind of damages railroad employees can receive is one of the primary differences between FELA as opposed to workers compensation. Workers' compensation awards are restricted to 2/3 of the worker's income before the injury. In FELA lawsuits the amount a plaintiff can receive for their injuries is limitless. 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 can be awarded too. FELA differs from workers compensation in that the person who is injured must prove that the railroad was negligent or reckless, whereas workers comp claims are based on the fact that the individual was injured and not at fault. It is crucial that railroad workers injured be aware of both FELA and workers' compensation to seek a fair and complete recovery. If you are a railroad worker who has been injured on the job, it is critical to seek advice from an experienced FELA lawyer. An experienced lawyer can advise you on the best course of action to pursue an action for damages.