Protecting Whistleblowers & The Injured

What makes a FELA claim different from a workers’ comp. claim?

On Behalf of | Dec 3, 2021 | Railroad Injuries

Accidents that result in amputations are among the most horrific, and for railroad workers, this is a work hazard that is part of daily life. You can easily lose a limb if a locomotive accidentally runs over you.

If you are a victim of such an accident, you may already have questions about your FELA claim. Is it just like any other workers’ compensation program? What damages will you be compensated for? Read on to find out more.

You have a broader scope of recoverable damages

With workers’ compensation, damages are limited to lost income, disability, and medical expenses. FELA claims cover those damages and more, including the pain and suffering or emotional anguish brought about by your injuries.

No legal caps

Under workers’ compensation, damages awarded to victims are capped at the state level. No matter the extent of your injuries, you cannot get more than the prescribed amount. FELA claims do not have a legal cap which means you may recover full compensation for your damages.

However, unlike workers’ comp, where one starts receiving benefits after being injured, you have to wait until your claim is settled to start receiving these benefits.

Claims filing process

The claims process of your FELA claim is not so straightforward. While workers’ compensation is filed through the employer’s insurance company, you can file your claim before either a state or federal court. In addition, you can choose to have a trial by jury.

Protecting your legal rights means understanding the aspects of the law that may weigh in on your case. For instance, there are legal timelines you need to observe; otherwise, your case may be dismissed.

The necessary legal knowledge will ensure that you are adequately compensated for your injuries as you focus on recovery.

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