The One Federal Employers Mistake That Every Beginner Makes Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. Contrary to the majority of workers insurance laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA claim, railroad workers must prove two things. First the injury must be the result of the negligence of their employer.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to compensate employees who suffer work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers while workers' compensation applies to a broad range of jobs in both the private and public sectors. FELA and workers' compensation differ in terms of who determines the fault, how damages are awarded, and where and how cases are tried.

FELA was passed because the risk of injury to railroad workers is high. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must show the employer violated any federal law 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 past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by workers compensation, such as suffering and pain. Unlike a workers' compensation claim, which is generally limited to a certain amount based on the severity of injuries, a FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

Another distinction between FELA and workers' compensation is that to get compensation under FELA the worker must prove that the employer was at a minimum partially responsible for their injury. If the injury suffered by a worker is found to be the fault of the company, their damages could be reduced. If a worker gets hurt because they were told to violate company policy and the company was found to be 50% responsible for instance, the company could be held 50% responsible.

Workers' compensation is an earlier timeframe for filing an claim than the FELA case. In the case of a FELA case, the statute of limitations is three years from the date of your injury, however, in a workers' compensation claim the statute of limitations is one year. Therefore, it is important to consult a FELA lawyer who has experience as soon as you can after your injury.

FELA vs. State Law

If a worker on the railroad is injured while working and suffers an injury, they can file a claim under workers' compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which offer benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury to the worker.

The FELA was passed in 1908, and was designed to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad worker death and injury rates were high. This resulted in the need for comprehensive coverage that goes beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts because 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 worker who claimed his employer was responsible for the FELA.

Similar to workers compensation, the FELA claim compensates the injured worker with wages lost and medical expenses as well as the cost of suffering. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or in violation of a safety statute such as the Locomotive Inspection Act and 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 have influenced tort law through the creation of precedents for issues like a railroad emotional distress and damages allocation, as well as working conditions standards. Particularly, FELA claims have brought national attention to an employer's non-delegable duty to ensure that their employees are provided with a safe workplace. This includes off-site locations like hotels that private parties use where railroad employees may stay for business reasons. An attorney for railroads can assist a railroad worker who has been injured to receive the full benefits he or can claim under FELA.

FELA in opposition to. 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 provide similar benefits, including financial compensation and medical coverage. However, they are different in a number of important ways.

Contrary to workers' compensation, which allows employees claim benefits without having to prove that their employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws such as 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 injured railroad workers to have their cases considered by a group consisting of their peers, rather than the administrative authority responsible for deciding workers' compensation claims. FELA does not also limit the amount of damages an injured worker may be awarded, whereas workers' compensation claims do.

It is important to know the distinction between these two statutes, especially for railroad employees who aren't covered under state workers' compensation laws. They are required to be pursuing their cases under FELA. If you or a loved one has been injured by an employee of a railroad, it is important that you speak with a knowledgeable FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with a lawyer. We're ready to assist you get the most benefits 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. fela law firm offer free consultations and are available to discuss your situation by phone or in person. Our lawyers also operate on a contingency fee that means you won't pay until we win your case.

FELA vs. State Workers' Compensation Statutes

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


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

The FELA law applies to railroads that are involved in international or global trade. It permits injured employees, as well as their families to sue their employer for damages directly caused by the negligence of the company. This LibGuide is a good starting point for further research on this subject. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to some of these resources may require an account password.

This LibGuide was designed as a study aid for Villanova Law students. The information contained in this guide should not be taken as legal advice. Consult an attorney if you need assistance.

Many people are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is comparable to state laws on workers' compensation, but they are not. Railroad workers who have been injured must be aware of the distinctions between these two types of claims in order to get the best 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. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railroad worker injured while on the job, consult a firm of Designated Legal Counsel.