Why Federal Employers Is Tougher Than You Think Federal Employers' Liability and Workers' Compensation

People who work in industries with high risks must follow strict safety guidelines. Workers who are injured in these sectors or die can claim workers compensation.

However railroad employees are not covered from state workers' compensation programs. Instead, they might be able to sue their employers under federal laws, such as the Federal Employers' Liability Act (FELA), code 45 U.S.C. 51-60.

Workers' Compensation vs. FELA

FELA and workers compensation are two distinct legal systems that have a variety of differences in the manner that they operate. FELA and workers' compensation, both of which provide financial benefits to injured employees however, it is only applicable to those in the railroad industry. Workers comp is designed to cover a broad range of federal, private and public jobs. Workers compensation is different from FELA requires that the employer be held responsible for an employee's illness or injury.

FELA was established in 1908, was established to deal with the alarming number railroad workers who were injured, crushed or otherwise seriously injured while working. It is a system that allows railroad workers who have been injured to make lawsuits and seek compensation, including medical expenses and other expenses.

In addition to assisting injured workers, FELA also forces railroad carriers to take on more responsibility for the security of their employees as well as the people who utilize their services. Congress passed the law to place pressure on railroads and encourage companies to improve their safety practices, which has ultimately made for an environment that is safer for all those involved.

It is important that injured workers and their families have a knowledgeable attorney on their side when filing a FELA lawsuit. They can assist in gathering the evidence needed to make an impressive case in court. They can also advocate on behalf of victims with insurance companies, if required.

The most significant difference between FELA & workers' compensation is the fact that FELA specifically excludes railroad workers from state worker's compensation laws. This means that they can't be sued under workers compensation. In fact, if a railroad worker decides to pursue a workers' compensation claim this could affect their FELA case and could hinder them from pursuing the full amount of damages to which they are entitled.

The other significant difference is that with workers' compensation claims the burden of proof for the proving of negligence is quite low. In a FELA claim however the plaintiff must demonstrate that their injuries were caused, in whole or in part, by the negligence of a railroad carrier or its agents, servants or employees.

FELA Vs. fela railroad accident lawyer are among the most dangerous jobs in America. State laws on workers' compensation do not cover them but a federal law protects them against railroad negligence. It also sets high standards for liability. In response to the alarming number of accidents and injuries statistics for railroad workers, Congress passed the Federal Employers' Liability Act in 1908.

The law provides railroad employees with a means to recover for their injuries, which includes damages for pain and suffering, as well as lost wages. It also prohibits the railroad from attempting to deprive injured workers of their right to complete compensation. In addition, FELA gives an injured worker the right to file his or her claim in both federal and state courts in the event that the railroad hasn't been found to be negligent.

To be able to file a FELA claim the railroad employee must have been employed by a common carrier and was engaged in interstate commerce at the time of his or her injury. Railroads are considered common carriers if their operations span two or more states and they own or maintain the railroad tracks that other interstate railroads use. This includes passengers and freight railroads as well as utilities operating in both public and privately owned areas.

The FELA claim is based on the evidence that an injury was caused by railroad negligence, or, in other words, a breach of its obligation to provide a safe and secure workplace for its employees. These claims are usually complex, and the plaintiff must prove that the injury was directly caused by the railroad's inability to perform its obligation. This could be a range of issues, including maintenance, training, and other aspects of the business practices of the company.

Contrary to workers' compensation laws and the FELA statute permits the award of compensatory damages that are several times more than the amount provided by State Worker's Compensation Statutes. However, it still requires that the injured worker be able to prove that their employer was legally negligent in causing the injury, and that the negligence was the cause of his or her accident or death.

FELA vs. State Workers' Compensation Statutes

Workers Compensation benefits are offered to injured workers throughout the United States. The majority of employers have workers' compensation insurance which covers injuries suffered by employees during their duties. Workers' compensation is an no-fault insurance program. The railroad industry utilizes an alternative system, referred to as the Federal Employers Liability Act, for its employees. The FELA law was established in 1908 and predates state worker's comp laws. It prohibits workers' comp rules from being applied to railroad industry employees.

Contrary to cases involving workers' compensation, FELA requires a plaintiff to prove that the employer was negligent and this negligence caused the injury or death to the worker. The law also has an obligation that the death or injury occurred as a result of work. This means that railroad employees can sue their employers for a higher amount of damages than other workplace injury victim can receive from their workers' compensation insurance.

The FELA allows for damages to be recouped for medical expenses, funeral costs and lost earnings. The law also permits the personal representative of an employee who has passed away to pursue damages, including loss of companionship or support. The law also provides for a time limit of three years to submit a FELA claim.

FELA claims can be handled differently. While the workers compensation claim process could take months to complete, it can be much quicker for initial benefits. Claimants can initiate their FELA claims by filing an informal hearing with the workers compensation office in their area. If they aren't satisfied with the outcome of their claim they can escalate the process to an appeals hearing. If they are not satisfied with the outcome of their contested hearing they may make a federal complaint.

Unlike other types personal injury litigation, which are typically handled in state courts, FELA claims must be filed in federal courts. Therefore, it is crucial to select an FELA attorney who is familiar with federal law. FELA being a sub-specialty within personal injury law, a FELA lawyer must also have specialized understanding of state tort laws and common law negligence principles. Please contact our firm for more details on how a FELA lawyer can help you with your case.

FELA vs. State Workers' Compensation Rules

If you're a railway worker who has suffered injuries on the job you should consult a FELA lawyer. FELA is a federal law designed to protect railroad workers. It differs from the laws governing workers' compensation that cover state employees in other sectors. Injured workers must prove that their employer was negligent. The main difference between the FELA case and a workers' compensation claim is that FELA is founded on tort law, while workers' compensation is a no fault system.

The FELA law was passed in 1908 to give railroad workers the ability to sue their employers for negligence in personal injury lawsuits, and have those cases heard by a jury, and the case decided by an administrative court. The law was created as a response to the massive number of railroad workers who were injured, crushed, or even killed while doing their jobs.

One of the major distinctions between FELA and workers' compensation is the types of damages that railroad workers can be awarded. With workers' comp the financial compensation is limited to 2/3 of the worker's pre-injury earnings. In FELA cases the amount that a plaintiff can receive for their injuries is unlimitable. This does not only include the expense of medical bills but also damages such as suffering and pain or a diminished quality of life. In certain cases punitive damages can be awarded.


FELA is distinct from workers' comp in that it requires the victim to prove that their illness or injury was the result of the railroad's negligence or carelessness, whereas workers' comp claims typically stem from an individual being injured through no fault of their own. It is crucial that railroad workers injured be well-versed in both FELA and workers' compensation so as to seek a fair and complete recovery.

If you have been injured at work as an employee of a railroad it is crucial to speak with a seasoned FELA attorney. An experienced attorney can determine the best way to pursue an action for damages.