The Secret Secrets Of Federal Employers Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured at work. Railroad employees, unlike many workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA claim, railroad workers must demonstrate two things. First, they must prove that the injury occurred as a result of negligence by their employer.

Workers' Compensation vs. FELA

While workers compensation and FELA both are designed to compensate workers for injuries or illnesses that result from their work, these two laws differ in a variety of ways. FELA only applies to railroad workers while workers' compensation is applicable to a variety of jobs in both the public and private sectors. FELA and workers' compensation are also different in regards to who decides the fault and the way in which damages are awarded and where cases are decided.

The risk of injury is high for people working on the railroad and that's why FELA was adopted in 1908. Congress passed this law to protect workers, their families and themselves in the event of an injury while working. To receive compensation under FELA the worker must prove that the employer violated any federal law or regulation related 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 future and past loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like suffering and pain. In contrast to a workers' compensation claim, which is typically restricted to a maximum amount based upon the severity of injuries and other injuries, a FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life.


The difference between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker has to prove that the company was at the minimum partially responsible for the injury. If an injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For instance in the event that the worker was told to do something in violation of company policy and were hurt due to the incident the company could be held 50 percent accountable for their injuries.

Workers' compensation cases require an earlier time frame to submit claims. In a FELA case, the statute of limitations is three years from date of your injury however, in a workers' compensation case, the statute of limitations is 1 year. This is why it is crucial to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA Vs. State Law

When a railroad worker is injured while working, he or she may submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent and that this negligence caused injuries to the worker.

The FELA legislation, which was passed in 1908, is designed to provide compensation for railroad workers who have suffered injuries due to 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 a comprehensive insurance that goes beyond workers' compensation laws.

In general it is the case that the majority of FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for FELA.

FELA claims are similar to claims for workers compensation in that they provide lost wages, medical costs as well as pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the death or injury due to its negligence or violation the safety laws, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury or death was caused partially or completely due to such negligence.

FELA cases have benefited tort law by creating precedents for issues like emotional distress in the railroad, damages distribution and working conditions requirements. FELA claims, in particular have drawn national attention on the issue of an employer's obligation to provide a safe and secure work environment for its workers. This includes off-site places like hotels that are private, where railroad workers may stay when traveling for business. A good railroad attorney can help an injured railroad worker get the full amount of benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If an employee is injured on the job then he or she may apply for workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation, which allows employees to file a claim without having to prove that their employer was responsible, 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. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence has to be proven.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a group of their colleagues rather than the administrative authority that oversees workers compensation claims. FELA does not also limit the amount of damages an injured worker can receive, while workers' compensation claims do.

The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone close to you has been injured as a railroad employee, it is important to speak with a professional FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak to an attorney. We're here to help you receive the best benefits available under FELA. Click here to go to the National Division BLET's site to find an experienced Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available by phone or in person to discuss your case. Our lawyers also work on a contingency basis which means that you don't pay until we are successful in settling your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. In contrast to workers' compensation which provides an amount fixed, regardless of fault, FELA cases will be decided by juries based upon the concept of 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, 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, which usually does not cover a worker's true losses.

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 negligence of the company. This LibGuide is a good starting point to start your research. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to certain resources might require an account password.

This LibGuide is designed to be a study supplement for Villanova law students. This guide is not intended to provide legal advice. If you require further assistance, please consult an attorney.

Many workers are unaware that FELA provides railroad employees with specific protections. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. Injured railroad workers must be aware of the distinctions between these two types of claims to obtain the best possible representation. In fela lawsuits of an injury, a qualified lawyer can help the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that are available to their claim. This will enable the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, you should consult an attorney from a firm that is Designated Legal Counsel.