This History Behind Federal Employers Will Haunt You For The Rest Of Your Life! Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. 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 prevail in a FELA case railroad workers must establish two things. First, the injury must be 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 injuries or illnesses. However, they differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a wide range of public and private jobs. FELA and workers' compensation are also different in the way they determine the degree of fault and how damages are determined, and where and how cases are tried.

FELA was passed due to the danger of injury for railroad workers is high. Congress passed this law to protect workers as well as their families and themselves in the event of an accident on the job. In order to be compensated under FELA workers must prove that their employer has violated a federal statute or regulation that pertains to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' comp. In contrast to a workers' compensation claim, which is usually limited to a certain amount based on injuries however, the FELA claim may seek to recover compensation for non-economic damages such as emotional distress and loss of enjoyment life.

Another difference between FELA and workers' compensation is that in order to receive compensation under FELA, the worker must prove that the company was at least partially responsible for their injuries. If a worker is determined to be responsible for their injury the amount of damages may be reduced. For example, if an employee was directed to perform a task that was against company policy and they suffered injuries in the process the company could be held 50 percent responsible for their injuries.

Workers' compensation has an earlier filing time for a claim than the FELA case. In a FELA claim, the statute of limitations is three years from the time the injury occurred, but in a workers' comp case, it's only one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker is injured while working and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who is responsible 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 the injuries suffered by the worker.

The FELA was enacted in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Before the enactment this law, railroad employee accident and death rates were high. This resulted in the need for a comprehensive coverage that goes beyond the laws governing workers' compensation.

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

FELA claims are similar to workers compensation in that they provide lost wages, medical costs, and pain and suffering damages. The basis for these damages is the fact that the railroad was accountable for the injury or death due to its negligence or a violation of the safety laws, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition the FELA claimant must show that the death or injury was caused in total or in part due to the negligence of the railroad.

FELA cases have improved tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. FELA claims, in particular have drawn national attention on the issue of a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site places such as private hotels, where railroad workers may be able to stay when on business. An experienced attorney for railroads can assist a railroad worker receive the full benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker sustains an injury while working and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, such as medical coverage, financial payouts and loss of future earnings, they differ in important ways.

Contrary to workers' compensation which permits employees to apply for compensation without proving that their employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law of the federal government that led to their injury. This includes laws like the Occupational Safety and Health Administration, the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims, because evidence of negligence must be proven.

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

The difference between these two statutes is important to know, particularly for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love was injured as an employee of a railroad, it is important that you speak with experienced FELA lawyers.

To find out fela railroad accident lawyer between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're prepared to assist you get the most benefits that are available under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations, and are available via phone or in person to discuss your case. Our attorneys also operate on a contingency fee that means you won't pay until we succeed in your case.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Contrary to workers' compensation, which pays a fixed amount regardless of the fault, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) as well as death benefits as well as suffering and pain. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover a worker's true losses.

The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their families to file an action against their employer for damages resulting from the negligence of the company. This LibGuide is a great place to begin your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to be legal advice. Consult an attorney if you require assistance.


Many workers are unaware that FELA offers railroad workers specific protections. Many people mistakenly believe that FELA is comparable to the state laws governing workers' compensation, but they are not. Injured railroad workers should be familiar with the distinctions between these two types of claims in order to receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away or the injured employee in understanding the various kinds of damages that they are entitled to. This will allow the injured person to receive the maximum recovery allowed under FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.