15 Things You Don't Know About Federal Employers Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. In contrast to most workers insurance laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a FELA claim, railroad workers must demonstrate two things. The first is that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate workers for work-related injuries or illnesses however, the two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of private and public sector jobs. FELA and workers' compensation also differ in terms of who determines the fault, how damages are awarded and where cases are decided.

The risk of injury is high for people working on the railroad This is the reason FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event they were injured on the job. In order to receive compensation under FELA the worker must prove that their employer has violated a federal statute or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by' compensation, including pain and suffering. Unlike a workers' compensation claim, which is generally limited to a certain amount based on injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

The distinction between FELA compensation and workers' compensation is the requirement that, in order to receive compensation under FELA the worker must prove that the company was at the very least partially responsible for the injury. If a worker is found to be the cause of their injury the amount of their damages may be reduced. For example, if a worker was instructed to do something that was against company policy and they were hurt in the process the company could be held 50% responsible for their injuries.

Workers' compensation cases require an earlier time frame to make claims. In the case of a FELA case, the statute of limitations is three years from date of your injury when in a workers' compensation case the statute of limitation is one year. It is therefore important to speak with a FELA lawyer who has experience as soon as you can after the injury.

FELA Vs. State Law

If a railroad worker is injured while working the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which offer benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused the injuries suffered by the worker.

The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, the death and injury rates among railroad employees were very high. This sparked the need to offer railroad workers a complete coverage, which is higher than workers' compensation laws.

In fela lawsuits of cases, an FELA claim must be filed in federal court because the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was liable under the FELA.

FELA claims are similar to workers compensation in that they provide the loss of wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have benefited tort law by creating precedent for issues such as railroad emotional distress and damages distribution as well as working conditions requirements. In particular, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that their employees are protected in their workplace. This includes off-site places such as hotels owned by private individuals where a railroad's workers might stay for business reasons. Railroad attorneys can help those who have suffered injuries to obtain the full amount of benefits is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If workers are injured on the job, he or she can apply for workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as financial compensation and medical coverage. However, they are different in important ways.

Contrary to workers' compensation which allows employees to file a claim without proving that their employer was to blame, FELA requires the injured railroad worker to prove their employer violated an unconstitutional safety law that caused their injuries. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required.

FELA allows railroad workers injured by a crash to have their cases decided by a panel of their peers, and not the administrative authority responsible for deciding workers compensation claims. In addition, FELA does not put an upper limit on the amount of compensation that could be awarded to an injured worker, while workers' compensation claims limit damage awards based on a pre-determined schedule.

The distinction between the 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 a loved one was injured as a railroad employee it is crucial to consult with a knowledgeable FELA lawyers.

To learn more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case by telephone or in person. Our lawyers are on a contingent basis, meaning you will not be charged unless you prevail.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers over injury claims. Contrary to workers compensation, which offers an amount that is fixed regardless of who was responsible for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to financial compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity), death benefits, as well as pain and suffering. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability. This usually does not cover the actual losses of a worker.

The FELA law is applicable to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring an action against their employer for any damages resulting from the negligence of the company. This LibGuide is a great place to start your research. The LibGuide contains links to online resources available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is intended as an educational supplement for Villanova law students. Nothing in this guide should be taken as legal advice. If you require more help seek advice from an attorney.


Many people do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Many people are mistakenly thinking that FELA is like state laws on workers' compensation but they're not. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive the best representation. In the event of an injury, a skilled lawyer can help the injured employee or the family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. This will enable the injured person to receive the maximum amount of compensation under FELA. If you're a railway worker injured while on the job, consult an organization of Designated Legal Counsel.