Federal Employers' Liability and Workers' Compensation Those who work in industries that are high risk must adhere to strict safety standards. Workers who suffer injuries or even death in these industries can apply for workers compensation. However, railroad employees are excluded from state workers' compensation programs. Instead, they might be able to sue their 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 distinct legal system that is distinct from workers' compensation. They operate in a very different way. FELA, while both provide financial benefits to injured employees, is only applicable to those working in the railroad industry. Workers are compensated to cover a wide variety of federal, private, and public positions. In contrast to FELA Workers' compensation requires that an employer be deemed at fault in some way for a worker's injury or illness. In 1908, FELA was created to address the alarming number of railroad workers who were maimed or crushed seriously injured on the job. It is a system that permits injured railroad workers to file lawsuits against their employers to seek compensation for their losses, which includes medical bills and other expenses. In addition to aiding injured workers, FELA also forces railroad carriers to take on more responsibility for the security of their employees as well as the people who use their services. Congress passed the law to pressure railroads and encourage businesses to improve their safety practices, which has resulted in an environment that is safer for everyone involved. It is essential that injured workers and their families have an experienced attorney by their side when filing a FELA lawsuit. These attorneys can assist in gathering the evidence required to present a an effective case in the courtroom. They can also negotiate with insurers on behalf of the victim, should it be necessary. The main difference between FELA and workers' compensation is that FELA specifically excludes railroad workers from state laws regarding workers' compensation and therefore, they cannot be legally liable under workers' compensation. If a railroad worker files a workers' compensation claim, it could interfere with the FELA case, and prevent the claimant from claiming all the damages they are entitled to. Another significant distinction is that in a workers' compensation claim, it is not necessary to establish negligence. In a FELA case, on the contrary the plaintiff must prove that the railroad company or its agents, servants or employees were negligent in causing the injury. FELA vs. State Law Railroad workers are among the most hazardous jobs in America. State laws on workers' compensation do not cover them but federal law protects them against the railroads' 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. This law gives railroad employees the ability to claim damages for their injuries. This includes compensation for pain and suffering as well as lost wages. It also prohibits the railroad from attempting to deprive injured workers of their right to full compensation. Additionally, FELA gives an injured worker the option to file his or her claim in federal and state court if the railroad has not been found negligent. To be able to file a FELA lawsuit the railroad employee must have worked for a common carrier at the time of the injury and engaged in interstate commerce. Railroads are considered common carriers if they operate between two or more different states and maintain railroad tracks used by other interstate railroads. This includes passenger and freight railroads, as well as utilities that operate in both public and private areas. The FELA claim must be based on evidence of an injury caused by the railroad's negligence or, more precisely, its breach of its obligations to provide a safe working environment for its employees. These claims are usually complex, and the plaintiff must establish that the injury was directly resulted from the railroad's failure to perform its obligation. This could be in the form of maintenance, training, and other aspects of the business practices of a company. Unlike state workers' compensation statutes however, the FELA allows compensatory damages to be granted that are more than the amount offered under state worker's compensation laws. It still requires injured workers to prove that the employer was negligent in causing the injury. FELA Vs. State Workers' Compensation Statutes Many workers in the United States who are injured at work have access to workers indemnity benefits. This is due to the fact that most companies which employ employees have workers' compensation insurance to protect any injuries that the worker suffers during their work duties. Workers' compensation is a no-fault system. The railroad industry utilizes an alternative system, referred to as the Federal Employers Liability Act, for its employees. The FELA law was established in 1908 and predates state workers’ comp laws. It prohibits workers' comp rules from being applied to railroad industry employees. Contrary to cases involving workers' compensation, FELA requires a plaintiff prove that the employer was negligent and that this negligence caused the injury or death to the worker. The law also includes an obligation that the death or injury was incurred as a result of employment. This means that railroad workers can sue for a greater amount of damages than other workplace injury victims can get through their employers' workers' compensation insurance. The FELA law permits recovery of damages including medical expenses, lost earnings and funeral costs. The law also permits the personal representative of the deceased employee to sue for damages including loss of companionship and support. The law also stipulates the three-year time limit for filing a FELA complaint. FELA claims are handled differently. While the workers' compensation claim process can take months to complete, it is much quicker to receive initial benefits. Claimants can begin their FELA claim by filing a request for an informal hearing at the workers' compensation office in their region. If they aren't satisfied with the outcome of their claim they may want to escalate the process to an appeals hearing. If they are not happy with their hearing contested, they can file a federal lawsuit. Unlike other types personal injury lawsuits that are typically handled in state courts, FELA claims must be filed in federal courts. Therefore, it is crucial to select an FELA attorney who is familiar with federal law. FELA being a sub-specialty in personal injury law, the FELA lawyer should also have special knowledge of state tort laws as well as common law negligence rules. Contact us for more details on how a FELA lawyer can help you with your case. FELA in contrast to. State Workers' Compensation Rules If you're a railroad employee who has been injured while working, you must seek out a FELA lawyer. FELA, a federal law that protects railroad workers, is different from state laws regarding workers' compensation. Those who are injured as a result of their job must be able to prove that their employer was at most partially negligent. The main distinction between the FELA claim and a workers' compensation case is the fact that the FELA claim is built on the tort law and workers' compensation is a no-fault system. The FELA law was created in 1908 to allow railroad workers the right to sue their employers for negligence in personal injury lawsuits, and be considered by a jury and determined by a court of law. It was a direct reaction to the countless railroad workers who were injured, crushed or killed while performing their jobs. One of the biggest distinctions between FELA and workers compensation is the type of damages that railroad workers are able to receive. With workers' compensation the financial compensation is limited to a maximum of 2/3 of the worker's income prior to injury. In FELA lawsuits the amount a plaintiff can be awarded for their injuries is unlimitable. This includes not only medical expenses however, damages for pain and suffering, as well as diminished quality of life. In certain instances, punitive damages may be awarded in addition. FELA differs from workers' compensation in that the victim must prove that the railroad was negligent or careless and workers' compensation claims are based on the fact that the person was injured but not their fault. Railroad workers injured should be aware of both FELA and workers' compensation, to ensure a fair and full recovery. If you've been injured while working as railway workers it is essential to speak with a seasoned FELA attorney. A seasoned attorney can assist you in determining the best method to pursue a claim for monetary damages.