Everything You Need To Be Aware Of Federal Employers Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they face particular legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To win a FELA case railroad workers must establish two things. First the injury must be proven to be the result of their employer's negligence.

FELA against. Workers' Compensation

While workers compensation and FELA both are designed to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of private and public sector jobs. FELA and workers' compensation differ in the way they determine the degree of fault, how damages are awarded, and where and how cases are tried.

FELA was enacted because the risk of injury to railroad workers is extremely high. Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury while working. In order to be compensated under FELA, the worker must demonstrate that their employer violated a federal statute or regulation that pertains to safety at work. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. In contrast to claims for workers' compensation that are typically capped based on the injuries sustained, FELA is able to seek compensation for non-economic losses like emotional distress or loss of enjoyment of living.

A difference between FELA compensation and workers compensation is that, to be eligible for compensation under FELA the worker must prove that the company was at the very least partially responsible for the injury. If a worker is determined to be at fault for their injury the amount of damages may be reduced. For example, if an employee was directed to do something in violation of company policy and were injured in the process, the company could be held 50% accountable for their injuries.

Workers' compensation cases require a shorter timeline to make claims. In the case of a FELA case, the statute of limitations is three years from the date of your injury while in a workers' compensation case, the statute of limitations is 1 year. This is the reason it is essential 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 on the job and suffers an injury, they can file a claim under workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Therefore, a successful FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury of the worker.

The FELA legislation, which was passed in 1908, is designed to provide compensation for railroad workers who have been injured because of their work. Prior to the passage of this law, the death and injury rates among railroad employees were quite high. This led to the need for a comprehensive coverage that goes beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed his employer was responsible for the FELA.


FELA claims are similar to workers compensation in that they cover the loss of wages, medical expenses, and pain and suffering damages. The basis for these damages is the fact that the railroad was responsible for the death or injury due to its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA claimant must show that the death or injury was caused in total or in part by the negligence.

FELA cases have helped improve tort law by setting precedents for issues like emotional distress in the railroad and damages distribution as well as working conditions requirements. Particularly, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its workers are protected in their workplace. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. An experienced attorney for railroads can assist a railroad worker get the full benefits that they are entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If workers are injured on the job, he or she can claim workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, financial payouts, and future earnings loss but they differ in important ways.

In contrast to workers' compensation which allows employees to claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and be ruled on by a panel of their peers, not the administrative authority who oversees workers' compensation claims. FELA also does not limit the amount of damages an injured worker could receive, whereas workers' compensation claims do.

The distinction between these two statutes is crucial to know, particularly for railroad employees who are not covered by state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you know has been injured while working as a railroad worker it is crucial to speak with a professional FELA attorneys.

Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to help you maximize the benefits under FELA. Click here to visit the National Division BLET's site to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are willing to discuss your case by telephone or in person. Our attorneys also work on a contingency basis, which means you don't pay until we succeed in your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation which provides an amount fixed, regardless of the fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses and lost wages (including future earning potential) as well as death benefits as well as suffering and pain. Contrary to this workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability. This usually is not enough to cover the actual losses of a worker.

The FELA law applies to railroads that participate in international or global trade. It allows injured employees, as well as their families to sue their employer for damages directly caused by the company's negligence. This LibGuide is a good starting point to start your research. It also provides links to a variety of online resources available on the Villanova Law Library's website. Access to certain resources might require an account password.

This LibGuide was designed to aid in the study of Villanova Law students. Nothing in this guide should be taken as legal advice. If you require more help, please consult an attorney.

Many people do not realize that FELA is a distinct piece of legislation that offers special protections to railroad workers. Though many people believe that FELA and state workers' compensation laws are similar however, they are quite different. Railroad workers who have been injured should be familiar with the differences between these two types of claims to get the best representation. fela lawsuit settlements qualified lawyer can assist the family of a railway worker who has died or injured in understanding the various types of damages they can claim. The injured worker will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.