20 Reasons Why Federal Employers Will Never Be Forgotten Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they face unique legal issues. Railroad workers, unlike other workers' compensation laws have the right to sue employers under federal law. This is the Federal Employers' Liability Act.

To prevail in a FELA case, railroad workers need to demonstrate two things. First the injury must be proven to have been caused by their employer's negligence.

FELA Vs. Workers' Compensation

Workers' compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However they differ in number of ways. FELA is only applicable to railroad workers while workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and where cases are heard.

FELA was enacted because the danger of injury for railroad workers is extremely high. Congress passed this law to protect workers, their families and themselves in the event of injury on the job. In order to receive compensation under FELA workers must demonstrate that their employer violated the federal law or regulation relating to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by' compensation, including pain and suffering. Unlike workers' compensation claims, which are generally restricted based on the injury sustained, FELA is able to claim compensation for non-economic damages like emotional distress or loss of enjoyment living.


Another distinction between FELA and workers' compensation is that in order to receive compensation under FELA the worker must prove that the employer was at a minimum partially responsible for their injuries. If a worker is found to be responsible for their injury, the amount of their damages could be reduced. If a worker gets hurt due to being told to follow company policy and the company was held 50% responsible, for example, then the company could be held 50% responsible.

Workers' compensation cases require shorter timeframes to file an claim. In the case of a FELA case the statute of limitations is three years from the date of your injury, however, in the case of workers' compensation the statute of limitations is one year. It is therefore crucial to speak with an FELA lawyer who has experience as soon as you can after the injury.

FELA in vs. State Law

If a worker on the railroad is injured while working and suffers an injury, they can submit a claim for compensation under workers' compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide 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 the negligence resulted in injuries to the worker.

The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, injury and death rates among railroad workers were quite high. This sparked the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state courts. For example the case that was recently heard in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.

Similar to workers' compensation as well, a FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and damages for pain and suffering. The basis for these damages is the fact that the railroad was accountable for the death or injury due to its negligence or violation an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA plaintiff must prove that the injury or death was caused in whole or in part due to the negligence.

FELA cases have improved tort law by establishing precedent for issues such as emotional distress in the railroad, damages distribution and working conditions standards. FELA claims, in particular have drawn national attention on the issue of a non-delegable employer's duty to provide a safe work environment for its employees. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may be staying to work. An experienced attorney for railroads can help an injured railroad worker get the full benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury while on the job and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, financial payments, and future earnings loss, they differ in important ways.

Contrary to workers' compensation which allows employees to file without proving that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that led to their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers' compensation claim as evidence of negligence must be proven.

FELA allows railroad workers injured by a crash to have their cases decided by a panel of their peers, not the authority that oversees administrative workers compensation claims. Lastly, FELA does not put any limit on the amount of compensation that could be granted to an injured worker and workers' compensation claims limit damages in accordance with a set schedule.

It is important to know the difference between these two statutes, particularly for railroad employees who aren't covered under state laws on workers' compensation. They must pursue their cases under FELA. If fela accident attorney or someone you know was injured while working as a railroad employee, it is essential to speak with experienced FELA lawyers.

To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're ready to assist you receive the best benefits from FELA. Click here to go to the National Division BLET's website to find 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 free consultations and are available to discuss your situation by telephone or in person. Our lawyers also operate on a contingency basis that means you won't pay unless we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. In contrast to workers compensation, which offers the same amount of benefits regardless of who was responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers compensation, on the contrary, provides temporary medical care and a fixed amount of money to cover long-term disability which is usually lower than what a worker has lost.

The FELA law is applicable to railroads operating in international or interstate commerce, and it allows injured employees and their families to bring an action against their employer for any damages resulting from the company's negligence. This LibGuide is a good place to begin your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to certain resources might require a password.

This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to be taken as legal advice. Please consult an attorney if you require additional assistance.

Many workers do not realize that FELA is a unique piece of legislation that offers specific protections to railroad employees. While 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 distinctions between the two types of claims so they can receive the most effective representation. In the case of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will enable the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been hurt on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.