5 Clarifications Regarding Federal Employers Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured at work. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA case railroad workers must prove two things. The first is that the injury was the result of their employer's negligence.

FELA against. Workers' Compensation

Workers compensation and FELA are both designed to provide compensation to employees who suffer work-related illnesses or injuries. However they differ in a few ways. FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of jobs in the public and private sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, and how much damages are awarded and how and where cases are heard.

FELA was passed due to the risk of injury to railroad workers is high. Congress passed this law to protect workers as well as their families and themselves in the event of injury while working. In order to be compensated under FELA the worker must prove that their employer violated the federal law or regulation that relates to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages that aren't covered by compensation, like pain and suffering. Unlike a workers' compensation claim, which is usually capped at an amount based on injuries however, the FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A difference 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 the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For example in the event that the worker was told to do something against company policy and they were hurt due to the incident the company could be held 50 percent accountable for their injuries.

Workers' compensation requires a faster timeline for filing claims than a FELA case. In a FELA case, the statute of limitations is three years from the date of your injury when in a workers' compensation claim, the statute of limitations is 1 year. It is therefore crucial to consult an FELA lawyer experienced in the earliest time you can following your injury.

FELA vs. State Law

If a railroad employee gets injured while working and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of the worker's injuries.

The FELA was passed in 1908 and is intended to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, death and injury rates among railroad employees were very high. This resulted in the need for comprehensive coverage that went beyond the workers' compensation laws.

In general the majority of cases, the majority of FELA claim must be filed in a federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state court. For example an upcoming case in Tennessee, Mills v. CSX, involved an employee of a railroad that his employer was liable under the FELA.

Like workers' compensation as well, the FELA claim is a way to provide the injured worker with lost wages, medical expenses and the cost of suffering. These damages are based on the notion that a railroad was liable for the injury or death 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 show that the death or injury was a result of the whole or in part by the negligence.

FELA cases improved tort law through the establishment of precedents for issues such emotional distress in the railroad, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site facilities like hotels that private parties use in which railroad workers may stay while traveling for business reasons. The right railroad attorney can assist a railroad worker obtain the full benefits that they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured while on the job, he or she can claim workers' compensation benefits or sue his employer under FELA. While both laws offer similar benefits, including medical coverage, monetary payments and loss of future earnings but they differ in important ways.

Contrary to workers' compensation, which allows employees 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 (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.

FELA allows railroad workers who are injured to have their cases considered by a group consisting of their peers, rather than the authority that oversees administrative workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that may be given to injured workers while workers compensation claims limit damage awards according to a pre-determined timetable.

It is crucial to understand the distinction between these two laws, especially for railroad employees who are not covered by state workers' compensation laws. fela accident attorney are required to take their cases to FELA. If you or someone you love was injured on the job as a railroad worker, it is important to talk with experienced FELA attorneys.

To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We are prepared to help you pursue the maximum benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency fee, which means 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. Unlike workers' comp which provides an amount that is fixed regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law is applicable to railroads that participate in global or interstate commerce. It permits injured employees and their families, to sue their employers for damages resulting directly from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is designed to be an educational supplement for Villanova law students. The information contained in this guide should not be construed as legal advice. Consult an attorney if you need assistance.


Many people are unaware that FELA provides railroad employees with specialized protections. While many believe that FELA and state workers' compensation laws are similar, they are very different. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they can get the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. This will allow the injured person to receive the maximum amount of compensation allowed under FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.