Employers liability insurance in businesses is mandatory and covers employees in the event of an injury or illness.
The Federal Employers Liability Act is, in a way, similar to worker’s compensation. Worker’s compensation is a type of insurance that helps pay an injured employee missed wages and medical expenses in the event that the employee is injured either on the job or because of their job. Worker’s compensation is a mandatory insurance in most states.
The Federal Employers Liability Act is a specific type of worker’s compensation that was created for the railroad workers in the early 1900s. The railroad was expanding at an incredible rate during the early twentieth century. This caused the number of injuries to railroad workers to increase, as well. In 1908, the United States Congress passed the Federal Employers Liability Act to help protect the railroad workers.
The Federal Employers Liability Act helps cover an injured railroad worker for wages lost or future wages lost due to being injured on the job. In addition, FELA helps cover medical expenses and disability. In the event of death of railroad worker, the surviving family members can also collect or damages incurred, according to the regulations of the Federal Employers Liability Act.
However, unlike worker’s compensation, an injured railroad worker under the Federal Employers Liability Act must prove that an injury was caused due to the railroad being legally negligent. Worker’s compensation is designed to be automatic, whereas, the Federal Employers Liability Act was not. Due to the requirement of proof, the Federal Employers Liability Act often pays out significantly higher amounts of compensation than does regular worker’s compensation.
In a brief overview, the Federal Employers Liability Act seems straightforward and simple. However, a more thorough look at FELA shows a much more complicated law. This is backed up by the fact that State and Federal courts have interpreted the Federal Employers Liability Act thousands of times.
Because an injured railroad worker must prove that the railroad is directly responsible for injury, it is important for an injured worker to have proper representation. Many lawyers are available specifically for Federal Employers Liability Act cases. Railroad companies have lawyers that are trained to prove that the railroad is not directly responsible for injuries, so a railroad worker must have a lawyer properly versed in FELA, as well. You can learn more about employers liability at http://www.employers-liability.com
Injured railroad workers are also given the option of having a trial under State or Federal courts under the Federal Employers Liability Act. This is important because a state trial in a small county will probably result in a lower payout than a trial in a federal court.
There are several areas where railroads can be liable for injuries to railroad workers, including medical conditions. If you an injured railroad worker and are questioning whether or not you are covered under the Federal Employers Liability Act, it is best to seek the counsel of an experienced FELA attorney. An attorney experienced in the Federal Employers Liability Act will be able to evaluate your medical condition and/or injuries and help to determine whether the railroad is at fault and if there is sufficient proof to provide you with a settlement.
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