Are You In Search Of Inspiration? Look Up Federal Employers Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured on the job. Railroad employees, unlike most workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA case, railroad workers need to demonstrate two things. First, they must prove that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers compensation and FELA both are designed to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. In fela lawyers , FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of private and public sector jobs. FELA and workers' compensation are also different in regards to who decides the fault and how damages are determined, and where and how cases are tried.

The risk of being injured is a high risk for workers on railroads This is the reason FELA was passed in 1908. Congress passed the law to safeguard workers and their families in the event of being injured on the job. To be eligible for compensation under FELA the worker must prove that their employer has violated the federal law or regulation related to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also provides compensation for suffering and pain, which are not covered by workers' comp. Unlike a workers' compensation claim, which is typically limited to a certain amount based upon the severity of injuries and other injuries, the FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

A difference between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must prove that the employer was at minimum partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them the damages they suffer could be reduced. If a worker gets hurt because they were instructed to violate company policy, and the company was held 50% responsible for instance, the company may be held to be 50% responsible.

Workers' compensation cases require an earlier time frame to file claims. In a FELA claim, the statute is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. This is why it is important to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA Vs. State Law

If a worker on the railroad is injured while working, he or she may make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker.

The FELA was enacted in 1908 and was intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were quite high. This led to the need for comprehensive coverage that goes beyond the workers' compensation laws.

In general the majority of cases, the majority of FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.

Like workers compensation and workers' compensation, a FELA claim provides the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that a railroad is responsible for the injury or death because of its negligence or in violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to show that the injury, or death, was caused in part or completely due to such negligence.


FELA cases improved tort law by establishing of precedents in areas such as emotional distress on the railroad and damages allocation as well as working conditions standards. FELA claims specifically have sparked national attention to an employer's obligation to provide a safe work environment for its employees. This includes off-site facilities such as hotels owned by private individuals where railroad employees may be staying to work. An experienced attorney for railroads can help an injured railroad worker get the full benefits to which he or she is entitled under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while on the job, he or she can file for workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits like medical coverage and monetary payouts. However, they are different in some important ways.

Unlike workers' comp which permits employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has did not comply with a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim, because evidence of negligence must be proven.

FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, not the authority that oversees administrative workers compensation claims. Lastly, FELA does not put any limit on the amount of damages that can be granted to an injured worker while workers' compensation claims limit damages in accordance with a set schedule.

The distinction between these two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you know has been injured while working as a railroad worker it is important to talk with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences between state laws on workers' compensation and FELA. Contact us now to speak with a lawyer. We're here to help you obtain the maximum benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are willing to discuss your case by telephone or in person. Our attorneys are on a contingency basis, meaning you will not be charged until we prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers compensation, which provide the same amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. Workers compensation, on contrary, provides temporary medical care and a predetermined amount of money to cover long-term disability which is usually lower than what a worker has lost.

The FELA law applies to railroads involved in global or interstate commerce. It allows injured employees, as well as their families to sue their employers for damages resulting directly from the company's negligence. This LibGuide is a great place to start your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. The information contained in this guide should not be taken as legal advice. If you require further assistance seek advice from an attorney.

Many workers are unaware that FELA is a unique piece of legislation that offers special protections to railroad workers. Many people believe that FELA is like state workers' compensation laws however they aren't. Injured railroad workers need to be aware of the differences between the two kinds of claims to ensure that they receive the most effective representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad employee to understand the different types of damages available for their claim. This will allow the injured worker to get the maximum recovery allowed under FELA. If you are a railroad worker who has been hurt on the job, contact a Designated Legal Counsel (DLC) firm for guidance.