Ten Stereotypes About Federal Employers That Aren't Always The Truth Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries at work. Contrary to the majority of workers insurance laws, railroad employees have the right 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 be able to prove 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 attempt to compensate employees for work-related injuries or illnesses however, the two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a broad range of public and private jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, damages are awarded and the method by which and when cases are heard.

FELA was passed because the danger of injury for 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 on the job. In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation that pertains to safety at work. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Contrary to claims under workers' compensation which are usually limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages that include emotional distress or loss of enjoyment living.

fela attorneys between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker has to prove that the employer was at very least partially responsible for the injury. If a worker is found to be responsible for their injury, the amount of their damages may be reduced. If a worker is injured because they were instructed to violate company policy and the company was found to be 50% responsible, for example, then the company may be held 50% responsible.


Workers' compensation cases require a shorter timeline to make an claim. In the case of a FELA claim, the statute of limitation is three years from when your injury occurred, while in a workers' compensation case, it's one year. It is therefore important to speak with a FELA lawyer experienced in the earliest time you can following your injury.

FELA in vs. State Law

If a worker on the railroad is injured while working the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Therefore, a successful FELA claim requires proof that the railroad was negligent and that the negligence played a role in the injury of the worker.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Before the enactment this law, railroad worker deaths and injuries were high. This resulted in the need for a comprehensive insurance that goes beyond the laws governing workers' compensation.

A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA.

Like workers' compensation and workers' compensation, like workers' compensation, a FELA claim compensates the injured worker with compensation for lost wages as well as medical expenses, damages for pain and suffering. These damages are based on the fact that a railroad was responsible for the injury or death because of its negligence or in violation of a safety statute, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the death or injury was caused in total or in part because of the negligence.

FELA cases improved tort law by establishing of precedents for issues like a railroad emotional distress, damages allocation and working conditions standards. FELA claims particularly have drawn national attention to an employer's obligation to provide a safe working environment for its employees. This includes off-site locations like hotels that are private, where railroad workers may stay when traveling for business. Railroad attorneys can help those who have suffered injuries to obtain the full benefits she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury on the job, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, cash payouts, and future earnings loss but they differ in important ways.

In contrast to workers' compensation, which allows employees to file without proving that their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated an unconstitutional safety law which caused their injuries. This includes laws such as the Occupational Safety and Health Administration (OSHA) and 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.

Additionally, FELA cases allow injured railroad workers to bring their cases to a jury trial, and have their case determined by a group of peers, not the authority in charge of administrative matters that manage workers' compensation claims. Additionally, FELA does not put any limit on the amount of compensation that could be given to injured workers and workers compensation claims limit damage awards according to a pre-determined timetable.

It is important to know the difference between these two laws, especially for railroad employees who are not covered by state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or someone you love has been injured on the job as a railroad employee, it is essential to speak with a professional FELA lawyers.

To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're ready to help you get the most benefits available under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or person to discuss your case. Our attorneys also operate on a contingency basis, which means you don't pay unless we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injury claims. Unlike workers' comp, which pays a fixed amount regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads involved in interstate or global commerce. It permits injured employees and their families to sue their employers for damages resulting directly from the company's negligence. This LibGuide is a good starting point to research this issue. The LibGuide provides links to online resources on the Villanova Law Library website. Access to certain resources may require the use of a password.

This LibGuide was designed as a study aid for Villanova Law students. This guide is not intended to be construed as legal advice. If you require more help you should consult an attorney.

Many people do not realize that FELA is a unique piece of legislation that provides specialized protections to railroad employees. While many believe that FELA and state workers' compensation laws are alike, they are very different. Injured railroad workers need to be aware of the distinctions between the two kinds of claims to ensure that they can get the most effective representation. In the event of an injury, a qualified 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. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad employee who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.