How is FELA different from typical state run workers’ compensation claims?
In a worker’s compensation claim, the worker must only prove that he or she was injured ‘on the job’. No claim of liability by the employer is necessary. Compensation is then set and distributed by the appropriate state government agency. On the other hand, railroad employees involved in a FELA claim, must prove that the injury they sustained on the job was caused by the owner or operator, if different, of the railroad company. This means that through some action or inaction in the workplace the railroad company is, at least in part, liable.
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