A Look Inside Federal Employers's Secrets Of Federal Employers Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. Railroad employees, unlike most workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

To win a FELA case railroad workers must prove two things. First, the injury must be caused by their employer's negligence.

Workers' Compensation vs. FELA

Workers comp and FELA are both designed to pay employees who suffer work-related illnesses or injuries. However they differ in a couple of ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs within the private and public sectors. fela railroad settlements differs from workers compensation in that it is determined by the person who caused the accident, damages are awarded and how and where the cases are decided.

The risk of injury is a high risk for workers on railroads and that's why FELA was passed in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of an injury on the job. To be eligible for compensation under FELA the worker must prove that the employer violated the federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

FELA also provides compensation for suffering and pain, which are not covered by workers' compensation. Contrary to a workers' comp claim, which is generally restricted to a maximum amount based on the severity of injuries however, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must show that the company was at 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 instance, if an employee was directed to perform a task that was against company policy and they suffered injuries as a result, the company could be held 50% responsible for their injuries.

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

FELA Vs. State Law

If a railroad employee is injured at work the employee can pursue a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of injuries to the worker.

The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds 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. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.


Similar to workers' compensation, like workers' compensation, a FELA claim is a way to provide the injured worker with wages lost as well as medical expenses, damages for pain and suffering. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must prove that the death or injury was a result of the whole or in part due to such negligence.

FELA cases have influenced tort law through the establishment of precedents in areas such as a railroad emotional distress, damages allocation and working conditions standards. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe work environment for its workers. This includes off-site locations like private hotels where railroad workers may be able to stay when on business. A good railroad attorney can assist an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If an employee is injured while on the job and suffers an injury on the job, they can file for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits, including medical coverage and monetary payouts. However they differ in some important ways.

In contrast to workers' compensation, which allows employees to file without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws that caused their injuries. 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 bring their cases to a jury trial, and be ruled on by a panel of their peers, not the authority in charge of administrative matters that manage workers compensation claims. FELA does not restrict the amount of compensation an injured worker could receive, whereas workers' compensation claims do.

The distinction between these two statutes is crucial 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 someone you love was injured while working as a railroad worker, it is important to talk with experienced FELA attorneys.

To learn more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you obtain the maximum benefits under FELA. To locate a reputable 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 situation by phone or in person. Our lawyers also operate on a contingency fee that means you won't pay until we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers over injuries claims. Unlike workers' comp 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 provides medical expenses as well as lost wages (including future earning potential), death benefits, along with suffering and pain. Workers compensation, on the contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disability which is usually less than the amount the worker is losing.

The FELA law applies to railroads that operate in international or interstate commerce, and permits injured employees and their family members to file a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a great place to start your research. It includes links to various online resources on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide was designed to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney should you require assistance.

Many workers are unaware that FELA provides railroad employees with specific protections. Although many believe that FELA and state workers' compensation laws are alike however, they are quite different. Railroad workers injured in an accident must be aware of the differences between these two kinds of claims to get the best representation. A qualified lawyer can assist the family members of a railroad worker who has passed away, or injured in understanding the different types damages they can claim. The person who has been injured can receive the maximum amount of compensation that is allowed by FELA. If you're a railroad worker injured on the job, you should consult an organization of Designated Legal Counsel.