Federal Employers Liability Act (FELA)
There are a number of jobs that carry a significantly higher risk of occupational injury or death than the typical line of employment. Accordingly, many of these fields have special laws governing the rights and benefits available to workers injured in the course of executing job-related responsibilities. One such law, the Federal Employers Liability Act (FELA), was passed at the beginning of the 20th century in response to the rapid escalation of deaths of and injuries to those who were working for railroad companies.
Though it is intended to offer financial benefits to injured workers, as is typical workers’ compensation insurance, there are a number of important ways that the provisions of FELA differ from those of the Workers’ Compensation Act. The Raleigh workers’ compensation lawyers of Scudder Seguin, PLLC, can help you to better understand the implications of your employment situation on your eligibility for benefits. Contact us today at (919) 851-3311.
Elements of FELA
The name of the Act is somewhat misleading, since it could easily be taken to mean that it is applied to governmental agencies. The law is designated as “federal” because the railroad companies it is designed to encapsulate are primarily involved in interstate commerce, which would make the application of various state laws prohibitively cumbersome. Some of the elements of the Federal Employers Liability Act that are important to know about are:
- There is no claim filing process; instead, a lawsuit may be filed against a railroad company
- Monetary awards are granted by juries
- Award amounts for pain and suffering are figured according to “comparative negligence”
- Compensation is likely to be significantly greater than standard workers’ compensation claims
- Negligence on behalf of the railroad company must be proven
The Raleigh workers’ compensation lawyers of Scudder Seguin PLLC, P.L.L.C., are equipped with the skills and experience to help ensure that your rights are properly protected if you have suffered an occupational illness or injury. Contact us today at 919-851-3311.