A Glimpse At The Secrets Of Federal Employers Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they face unique legal challenges. In contrast to most workers' compensation laws, railroad employees have the right to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To win a FELA case, railroad workers need to prove two things. First, they must prove that the injury was the result of negligence by their employer.

FELA Vs. Workers' Compensation

Workers' compensation and FELA are both designed to provide compensation to employees who are afflicted by work-related injuries or illnesses. However they differ in number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of private and public sector jobs. FELA and workers' compensation differ in regards to who decides the degree of fault, how damages are awarded and the manner in which cases are decided.

The risk of injury is very high for those working on railroads, which is why FELA was adopted in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. To be railroad injury fela lawyer for compensation under FELA the worker must prove their employer violated a federal law or regulation relating to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Contrary to claims under workers' compensation, which are generally capped based on the injuries suffered, a FELA can seek compensation for non-economic losses, such as emotional stress or loss of enjoyment living.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA workers must show that the company was at least partly responsible for their injuries. If a worker is determined to be the cause of their injuries, the amount of their damages could be reduced. If a worker gets hurt because they were told to do something against company policy, and the company is held 50% accountable, for example, then the company may be held to be 50% responsible.

Workers' compensation cases have shorter timeframes to submit an claim. In the case of a FELA claim, the statute of limitations is three years from the time your injury occurred, while in a workers' comp case, it is one year. This is why it is crucial to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

When a railroad worker is injured on the job the worker can make a claim under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. Consequently, a successful FELA claim requires evidence that the railroad was negligent and that such negligence contributed to the injury to the worker.

The FELA legislation, which was passed in 1908, is designed to compensate railroad workers who have suffered injuries due to the nature 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 insurance that goes beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was liable under the FELA.

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

FELA cases have improved tort law through the creation of precedents in areas such as a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims particularly have sparked national attention to the issue of the obligation of a non-delegable employer to provide a safe and secure work environment for its employees. This includes off-site facilities like hotels that are private, where railroad workers may stay when traveling for business. Railroad attorneys can help the railroad worker who has been injured receive the full benefits he or she is eligible for under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured on the job and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. While both laws offer similar benefits, including medical coverage, monetary payments, and future earnings loss however, they differ in significant ways.

Contrary to workers' compensation which allows employees to file without having to prove that their employer was at fault, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that led to 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, as evidence of negligence is required.


FELA allows injured railroad workers to have their cases ruled by a panel of their peers, not the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be given to injured workers and workers compensation claims limit damage awards based on a pre-determined schedule.

The distinction between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or a loved one has been injured by a railroad employee it is essential to consult with a professional FELA lawyers.

Grossman Law Offices can help you learn more about the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with a lawyer. We are ready to help you receive the best benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be directed 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 available to discuss your case by phone or in person. Our attorneys are on a contingency basis, meaning that you will not be charged until we win.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers compensation, which provide a fixed amount of benefits regardless of who is responsible for the incident, 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 and lost earnings (including future earning capacity) as well as death benefits and pain and suffering. Contrary to this workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which often is not enough to cover the actual losses of a worker.

The FELA law is applicable to railroads involved in international or global trade. It allows 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 for further research on this subject. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide was created to aid in the study of Villanova Law students. This guide is not intended to be construed as legal advice. If you need more assistance seek advice from an attorney.

Many people do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state laws on workers' compensation are the same however, they are quite different. Railroad workers who have been injured should be aware of the distinctions between these two kinds of claims to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to comprehend the various types of damages available for their claim. This will allow the injured person to obtain the maximum recovery allowed under FELA. If you're a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.