Unfortunately, the railroad industry sees a significantly alarming rate of injuries and deaths amongst its employees each year. In response to this, the Federal Employers’ Liability Act (FELA) was enacted in 1908. This was not meant to replace workers’ compensation claims, but rather it serves as a separate federal law exclusively designating railroad employees. With that being said, please continue reading to learn the key differences between workers’ compensation and FELA claims and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help initiate your case.
What is the difference between workers’ compensation and FELA claims?
To reiterate what has already been alluded to above, the key distinguisher between workers’ compensation and FELA claims is that the latter may only be initiated by injured railroad workers. But to get more specific, FELA claims may have the potential for greater financial compensation payouts. This is because plaintiffs of such claims may sue for economic damages, such as lost wages and medical bills, but also non-economic damages, such as physical disfigurements, emotional suffering, lost enjoyment in life, etc. This is while workers’ compensation works more as an insurance to cover the incurred costs associated with your work-related injury.
But while you may be able to receive more through a FELA claim, it may be more difficult to find success with it. This is because you must satisfy a burden of proof and effectively establish that your railroad company employer was at least partially to blame for your railroad accident and subsequent injuries and damages. On the contrary, you may be automatically granted some form or amount of compensation through an employer’s workers’ compensation insurance provider.
How do I know if I have a valid FELA claim on my hands?
Your railroad injury may not be enough to have a legitimate FELA claim on your hands. Again, you must have evidence that your railroad company employer had a hand in any one of the following incidents:
- You slipped, tripped, and fell due to hazardous conditions on the railroad.
- You receive a lifting injury after being expected to carry unstable or uneven loads.
- You got injured from improperly maintained equipment or defective safety devices.
- You get caught between cars or tracks due to another worker’s lack of proper training.
- You are diagnosed with whole body vibration after not being given adequate breaks at work.
- You may get crushed between vehicles after being forced to work in adverse weather with poor visibility conditions.
Lucky for you, our team has handled an innumerable amount of FELA cases just like the ones mentioned here. To conclude, if you require further clarification on this issue, one of the skilled FELA lawyers at Hildebrand McLeod & Nelson LLP is willing to offer it. So please do not hesitate to seek out our services. We look forward to helping you.
