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4 Things You Should Know About The Federal Employer's Liability Act?

The Federal Employer's Liability Act, or FELA, provides protection to railroad workers who are injured on the job. If you were injured, it is important that you understand your rights and what you need to do to file a claim. Here are four key aspects of FELA you need to know now. 

How Does It Work?

In regular workers' compensation cases, the injured worker is not responsible for showing that the employer was negligent. The only thing that must be proved is that the injury occurred in the workplace. 

Railroad workers have a larger burden under FELA. You must show that you were injured while working and that your employer was negligent. For instance, you can argue that your employer did not provide you with the right tools to do the job which resulted in your injury.

What Compensation Can You Receive?

Although the hurdles you have to jump to get benefits through FELA are higher than regular workers' compensation claims, you are entitled to more benefits. You can file a claim for medical expenses, and lost wages just like regular workers' compensation claims. 

However, unlike workers' compensation claims, you can also receive damages for pain and suffering, mental suffering, and the loss of the ability to earn. You even have the right to take your employer to court and file a formal lawsuit.

What If You Are Partially Responsible?

In the event that you were partially responsible for your accident that caused you to be hurt, you can still receive benefits under FELA. When your claim is being reviewed, if it is discovered that you were partially responsible, your benefits awarded will be reduced accordingly.

For instance, if you were 20 percent responsible, your benefits will be reduced by that amount. A court can help determine the percentage of liability.

What Are the Statute of Limitations?

FELA only allows three years for you to file a claim. The statute of limitations begins on the date on which you were injured.

This can be an issue if you have an injury that is the result of repetitive motions that occurred over a period of time. In this instance, your start date would be the date that you first realized you were injured. 

FELA is there to protect your rights to recover damages if you are injured while working. If you are confused about your rights or need help with navigating the process, talk to a workers' compensation attorney, such as Malone & Atchison.


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