FELA refers to the Federal Employers Liability Act, and FELA cases refer to cases brought under federal law by covered railroad workers who have been injured on the job. FELA cases are a specific kind of workers’ compensation case, and they tend to be very complicated. If you’re a railroad worker who has been injured on the job, you shouldn’t put off reaching out to a dedicated Illinois workers’ compensation attorney with extensive experience successfully handling highly technical FELA cases.
FELA claims provide railroad workers who’ve been injured on the job a right of action to pursue compensation for the damages they’ve suffered, but these claims are based on negligence, which generally doesn’t play a role in classic workers’ compensation claims. For example, if you are injured on the job, workers’ compensation insurance is in place to cover your damages – regardless of who is at fault (within certain parameters) – which is intended to expedite the compensation process and to protect both you and your employer.
FELA claims are different in that the injured employee must be able to prove that he or she was injured as a result of his or her employer’s negligence. The standard here is that the employer must have either failed to do something that other reasonable employers would have done in a similar situation or must have done something that other reasonable employers wouldn’t have done in a similar situation.
In order to bring a successful FELA Claim, the following elements must be present:
FELA claims are similar to personal injury claims in that they are based on negligence, but they remain their own unique kind of federal workers’ compensation claim. In other words, it’s complicated.
In a FELA case, you can seek damages for your medical expenses and your lost earnings – in the same way that you can in a workers’ compensation case. You can also, however, seek damages for the physical and emotional pain and suffering you endure, which can be significant (and which is not available to you in a workers’ comp claim). Conversely, proving your employer’s negligence in the matter is a high bar that can be very difficult to clear. FELA cases are unique cases that require the professional legal counsel of uniquely qualified workers’ compensation attorneys.
If you’re a railroad worker who’s been injured on the job, Danielle Pinkston at Pinkston Law Group, P.C., in Joliet, Illinois, is a dedicated workers’ compensation attorney who is committed to employing the full strength of her experience and legal skill in pursuit of your claim’s most favorable resolution. For more information about how we can help you, please don’t wait to contact us today.
Whether you’re dealing with a workers’ compensation claim, a civil rights violation, or a personal injury case, you and your family’s best interests are our top priority. Ms. Danielle A. Pinkston of Pinkston Law Group utilizes her extensive legal knowledge to resolve your case, no matter how complex it may be. We share your goals and work closely with you, delivering the exceptional services you need.
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