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Q:
How is the FELA different from, or similar to, workers compensation?
A:
The FELA is different than workers compensation. Workers compensation is a no-fault system, that allows recovery of only a specific percentage of lost wages and payment of medical bills, but does not allow any lawsuit or jury trial against an employer. A worker can recover even if at fault entirely. On the other hand, the FELA is far better in some ways because it allows no ceiling or cap on the amount of damages that may be recovered. On the other hand, it follows common-law negligence principles and requires that a worker prove or one or more of the following:
1. If the injury to the worker is a result of negligence or carelessness of any officer, agent or employee of the railroad, or the worker’s injury is caused by any defect in the cars, engines, appliances, machinery, track, roadbed, or any other equipment of the railroad, the employee may recover damages;
2. If the worker is hurt as a result of a railroad violation of a relevant safety statute, either state or federal, the worker is entitled to recover damages;
About the editors: The motto at Shapiro, Cooper, Lewis, & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: Confidential
How is the FELA different from, or similar to, workers compensation?